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MINISTRY OF
JUSTICE OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 05/2025/TT-BTP
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Hanoi, May 15,
2025
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CIRCULAR
ELABORATING CERTAIN ARTICLES AND PROVIDING MEASURES FOR
ENFORCEMENT OF THE LAW ON NOTARIZATION
Pursuant to the Law on
Notarization dated November 26, 2024;
Pursuant to Decree No.
104/2025/ND-CP dated May 15, 2025 of the Government of Vietnam elaborating
certain articles and providing measures for enforcement of the Law on
Notarization;
Decree No. 39/2025/ND-CP dated
February 26, 2025 of the Government on functions, tasks, powers and
organizational structure of the Ministry of Justice;
At the request of the Director
of the Department of Judicial Assistance;
The Minister of Justice hereby
promulgates a Circular elaborating certain articles and providing measures for
enforcement of the Law on Notarization.
Chapter I
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Article 1.
Governing scope
This Circular provides detailed
regulations on Clause 6 of Article 11, Clause 4 of Article 32, Clause 5 of
Article 38, Clause 4 of Article 48 of the Law on Notarization and measures for
organizing the implementation and guiding the enforcement of the Law on
Notarization regarding training for notaries; working time in legal affairs;
annual training for notaries; handover of notarial records in cases where
notarial practice organizations dissolve or shut down; reporting and inspection
of the organization and operation of notarization; and the types of registers
and forms used in notarization.
Article 2.
Regulated entities
This Circular applies to notaries,
consuls or diplomats assigned to conduct notarization (hereinafter referred to
as “diplomats”), notarial practice organizations, social-professional
organizations of notaries, notarial requesters, notarization-related state
management agencies, and related individuals, agencies, and organizations.
Chapter II
TRAINING FOR NOTARIES AND ANNUAL REFRESHER TRAINING FOR
NOTARIES
Article 3.
Notary training, framework program for notary training
1. The unit in charge of providing
notary training in accordance with the provisions of Article 3 of Decree No.
104/2025/ND-CP dated May 15, 2025 of the Government is the Judicial Academy
affiliated to the Ministry of Justice.
2. The framework program for
notary training includes: program name; training duration; training format;
graduation diploma; training objectives; target trainees; admission method;
output standards; training content of the training program and other related
content.
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4. The Director of the Judicial
Academy is responsible for the development and issuance of a detailed program
for notary training in accordance with the framework program for notary
training issued by the Minister of Justice.
Article 4.
Recognition of equivalence for individuals trained as notary abroad
1. Individuals who have obtained a
foreign notary training diploma are recognized as equivalent in the following
cases:
a) There exists an equivalent
notary training certificate issued by a foreign training institution in
accordance with the regulations stipulated in relevant international treaties
to which Vietnam is a member.
b) There is a notary training
diploma issued by a notary training institution in a foreign country.
2. The person who falls under the
provisions of clause 1 of this Article shall prepare an application for
recognition of equivalence of a foreign notary training diploma, and submit it
in person, via postal service, or online through electronic means to the
Ministry of Justice.
The application includes the
following:
a) Proposal for recognition of
equivalent notary training made using Form No. TP-CC-01;
b) Notary training diplomas and training
results obtained abroad.
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3. Within 20 working days from
receipt of complete and valid application, the Minister of Justice shall issue
a decision to recognize the equivalence for the individual trained as notary
abroad; in case of refusal, a written notification clearly stating the reasons
must be provided.
Article 5.
Documents proving that an individual has undergone a notary training period of
06 months
1. Documents proving that an
individual has undergone a notary training period of 06 months in accordance
with Clause 3, Article 11 of the Law on Notarization include one or several of
the following documents:
a) Appointment decision,
reappointment decision, documentary evidence or certificate enclosed with
documentary evidence proving that the individual has held one of the following
positions for at least 5 years: <0} judges; procurators; investigators;
inspectors, chief verifiers of courts; intermediate enforcement officers, chief
inspectors of civil enforcement; chief inspectors of prosecution; grade II
legal assistants; chief inspectors of justice; chief specialists, chief legal
officers, chief researchers, principal lecturers in the field of law;
b) The decision to appoint as a
bailiff and the bailiff’s card accompanied by documents proving that the
individual has practiced as a bailiff for at least 5 years;
c) The lawyer's practicing
certificate and lawyer’s card accompanied by documents proving that the
individual has practiced as a lawyer for at least 05 years;
d) The auctioneer’s practicing
certificate accompanied by documents proving that the individual has practiced
as an auctioneer for at least 05 years;
dd) Decision on appointment as a
professor and associate professor in the field of law; with a doctorate of law
degree.
In the case where the doctorate of
law degree is granted by a foreign educational institution, the degree must be
recognized in accordance with the regulations of the Ministry of Education and
Training.
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g) Other legal documents proving
that the individual has undergone a notary training period of 06 months in
accordance with Clause 3, Article 11 of the Law on Notarization. <0}
2. Documents specified in clause 1
of this Article shall be originals or certified true copies or electronic
copies.
Article 6. The
duration of legal work and documents proving the duration of legal work
1. The duration of legal work as
stipulated in Clause 4 of Article 10 of the Notary Law is the period of holding
titles or the period of practicing or working as:
a) Judges; procurators;
investigators; inspectors, verifiers of courts, secretaries of courts;
enforcement officers, verifiers, secretaries of civil enforcement; inspectors
of prosecution; legal assistants; inspectors; investigators, police officers,
researchers, lecturers in the field of law;
b) Specialists and equivalent
titles or higher in job roles requiring a bachelor of law degree at the following
agencies: Judicial authorities, interior authorities, internal security
authorities, legal authorities; civil judgment enforcement agencies; court,
prosecution, inspection and audit bodies; legal departments within enterprises;
judicial - civil status officials of commune-level divisions;
c) Duration of practicing as a
lawyer, auctioneer, asset management officer, or bailiff;
d) The duration of working as a
notary, lawyer or auctioneer at a notarial/legal/auction practice organization.
2. The duration of legal work
stipulated in clause 1 of this Article refers to the duration of work, whether
continuous or cumulative.
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a) Decision on appointment,
reappointment, recruitment, rotation or transfer, employment contract or labor
contract accompanied by documentary evidence of at least 3 years of payment of
social insurance premiums appropriate to the position of legal work as
appointed, recruited or as the signed contract for individuals falling under
the cases specified in points a, b, and d of Clause 1 of this Article;
b) Lawyer's practicing certificate
and lawyer's card; auctioneer's practicing certificate; asset management
officer’s practicing certificate; decision on appointment as a bailiff and
bailiff's card for individuals falling under the cases stipulated in point c,
clause 1 of this Article;
The practicing certificates or
decisions stipulated at this point must be accompanied by documentary evidence
of the social insurance premium payment period of at least 03 years
corresponding to the title they hold. In the case where business managers in
the fields of law, auctioneering, asset liquidation management and law
enforcement do not receive salaries or those who receive pensions, social
insurance benefits or monthly allowances but are entering into employment
contracts are not subject to compulsory social insurance payment, they are not
required to submit documentary evidence of the period of social insurance
payment.
c) Other legal documents proving
the duration of legal work
Documents specified in this clause
shall be originals or certified true copies or electronic copies.
Article 7.
Contents and methods of refresher training in professional competence
1. Contents of annual refresher
training in professional competence for notaries (hereinafter referred to as
“refresher training in professional competence) include one or a number of the
following matters:
a) Code of ethics for notarial
practice;
b) Update and supplementation of
legal knowledge about notarization and other relevant laws;
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d) Skills in managing, organizing
and directing notarial practice organizations.
2. The refresher training in
professional competence is provided directly or online or through both direct
and online methods.
Article 8.
Organizations providing refresher training in professional competence
1. Organizations providing
refresher training in professional competence include:
a) Vietnam Notary Association;
b) Notary Associations;
c) Judicial Academy.
2. Notaries may choose to
participate in one or a number of refresher training classes conducted by the
organizations stated in clause 1 of this Article.
Article 9.
Period of participation in refresher training in professional competence
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2. A notary is not required to
participate in the refresher training class if they fall under one of the
following circumstances and will still be recognized as having fulfilled the
obligation to participate in the refresher training for that year:
a) He/she had studies on
notarization laws and laws related to notarization published in domestic or
foreign legal journals; or wrote or participated in writing books and textbooks
on notarization that have been published;
b) He/she is a member of the
Drafting Board or the Drafting Team or the Editorial Team of legislative
documents on notarization, or a member of the Council for appraisal of
legislative documents on notarization;
c) He/she participates in the
Ministry-level scientific research topic of notarization;
d) He/she participates in teaching
notarization courses at the Judicial Academy; gives lectures in the refresher
training classes conducted by the organizations specified in Clause 1, Article
8 of this Circular.
dd) He/she participates in
refresher training courses on notarization abroad;
e) He/she serves as a speaker in
training programs, workshops, and seminars related to the contents specified in
Clause 1, Article 7 of this Circular or workshops and seminars for providing
feedback for the development of legislative documents on notarization organized
by the Department of Judicial Assistance, Judicial Academy, the Department of
Justice, and the Vietnam Notary Association.
3. The following individuals are
exempt from the obligation to participate in refresher training in professional
competence during the year:
a) Female notaries who are
pregnant or have children under 12 months old;
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The notary is responsible for
submitting the documentary evidence of eligibility for one of the cases
specified in points a and b of this clause to the Notary Association where they
are a member no later than December 15 of each year. The Notary association
shall compile a list of notaries exempted from the obligation to participate in
refresher training for the year, and submit it to the Department of Justice no
later than December 25 of each year, for the Department of Justice to publish
on its website or web portal (hereinafter referred to as “the web portal of the
Department of Justice”).
Article 10.
Documents confirming the fulfillment of the obligation to participate in
refresher training in professional competence
1. Documents confirming the
fulfillment of the obligation to participate in refresher training in
professional competence include:
a) Certificate of completion of
refresher training course on professional competence issued by the refresher
training provider specified in clause 1 Article 8 of this Circular;
b) Journals, books and textbooks
that have been published or issued in accordance with the provisions of point
a, clause 2, Article 9 of this Circular.
c) The decision to establish a
Drafting board or a Drafting team or an Editorial team or a Council for
appraisal of legislative documents as stipulated in point b, clause 2, Article
9 of this Circular;
d) A written confirmation or other
papers proving participation in the activities specified in points c, d, dd,
and e of Clause 2, Article 9 of this Circular.
The written confirmation or
certificate for the cases specified in point dd, clause 2, Article 9 of this
Circular must be legalized, except for cases where consular legalization is
exempted as prescribed by law, translated into Vietnamese, and the Vietnamese
translation must be certified by the signature of the translator.
2. The notary fulfilling the
obligation to participate in refresher training in professional competence
shall submit a copy of one of the documents specified in Clause 1 of this
Article to the Notary Association where they are a member before December 15 of
each year, except in cases where they participate in a refresher training class
conducted by the Notary Association to which they belong. The Notary
Association shall prepare and submit the list of members who have fulfilled
their obligations to participate in the refresher training class to the
Department of Justice no later than December 25 of each year.
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Article 11.
Responsibilities of organizations providing refresher training in professional
competence
1. Any organization providing refresher
training in professional competence specified in clause 1 Article 8 of this
Circular shall:
a) Develop and publish an annual
plan for refresher training in professional competence of the organization no
later than the end of the first quarter of the year; in case of any changes to
the plan, it must be announced no later than the end of the second quarter of
that year.
b) Prepare the content, program,
necessary conditions, and organize the refresher training class according to
the published plan;
c) Issue certificates of
completion of refresher training in professional competence for notaries who
meet the requirements;
d) Collect, manage and use the
costs incurred for refresher training in accordance with legal regulations;
dd) Prepare and publish on the
organization’s website (if any) a list of notaries who have participated in
refresher training class conducted at the organization on an annual basis.
2. The Vietnam Notary Association
shall:
a) Carry out the tasks of the
organization to implement the refresher training as stipulated in clause 1 of
this Article;
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c) Provide guidance, summarize and
evaluate the implementation of refresher training in professional competence by
the Vietnam Notary Association and other Notary Associations;
d) Provide guidelines for the
collection, management, and use of funds for the implementation of refresher
training in professional competence by the Notary Associations.
Article 12.
Handling violations committed by notaries and organizations providing refresher
training in professional competence
1. Notaries who violate their
obligation to participate in professional training shall be disciplined
according to the nature and severity of the violation in accordance with the
regulations of the Vietnam Notary Association or subject to administrative
penalties as stipulated by law.
2. Organizations providing
refresher training in professional competence violating the provisions of this
Circular shall be disciplined according to the nature and severity of the
violation in accordance with the law.
Chapter III
ORGANIZATION AND
OPERATION OF NOTARIAL ACTS
Article 13.
Form of notary’s cards
1. Notary’s cards shall be made
using the Form No. TP-CC-25 enclosed herewith.
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Article 14.
Issuance of notary’s cards
1. A notary bureau shall submit an
application directly or through postal services or online by electronic means
to the Department of Justice where the notary bureau is located for issuance of
a notary card for its notary after receiving the decision to establish the
notary bureau or when the notary bureau employs more notaries.
The application includes the
following:
a) The written request for
issuance of a notary card (Form No. TP-CC-05);
b) The decision on appointment or
reappointment as a notary accompanied by 02 2 x 3cm photographs of each notary
(photographs taken no more than 06 months prior to the submission date of the
application);
c) Documentary evidence providing
that the notary is the member of the Notary association in their division.
The documents stipulated at points
b and c of this clause must be either the originals or certified copies or
electronic copies.
Within 05 working days from the
receipt of a complete and valid application, the Department of Justice shall
issue a decision and card to the notary of the notary bureau; in case of
refusal, a written notification stating the reasons must be provided.
2. The issuance of notary’s cards
for notaries of a Notary Office shall comply with the provisions of Article 20
and Article 21 of Decree No. 104/2025/ND-CP.
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Article 15.
Revocation of notary’s cards
1. Notary cards shall be revoked
in the cases specified in Clause 4, Article 38 of the Law on Notarization.
2. Within 05 working days from the
receipt of the decision on termination of a notary, the Department of Justice
where the notary card was issued shall make a decision to revoke the notary
card.
3. Within 05 working days from the
receipt of the written notification from the Notary bureau of the notary’s cessation
of practice at the Notary bureau or from the effective date of the decision on
conversion or dissolution of the Notary bureau, the Department of Justice where
the Notary bureau is located shall issue a decision to revoke the notary card.
4. In the event that a notary is
no longer practicing at the notary office, the revocation of the notary card
shall comply with the provisions set forth in Article 21 of Decree No.
104/2025/ND-CP.
The notary office shall carry out
the procedure for shutdown in accordance with Points a and c of Clause 1,
Article 34 of the Notarial Law, and at the same time request the Department of
Justice to revoke the notary's practicing card at the notary office.
The notary office shall cease
operations in accordance with the provisions of point b, clause 1, Article 34
of the Notary Law. Within 05 working days from the date the decision to revoke
the establishment permit of the notary office takes effect, the Department of
Justice shall issue a decision to revoke the license of the notary working at
that notary office.
5. The Department of Justice shall
send a decision to revoke the notary card, update information regarding the
revocation of the notary card in the management software for notarization
activities of the Ministry of Justice, and publish it on the web portal of the
Department of Justice no later than the next working day following the date of
the decision to revoke the notary card. The information published includes the
surname and first name of the notary, the name of the notarial practice
organization, the number of the decision to revoke the notary card, and the
effective date of the decision.
6. The notary card shall no longer
be valid from the date the decision to revoke the card takes effect. Within 5
working days from the effective date of the decision to revoke the notary card,
the person whose notary card has been revoked is responsible for submitting the
notary card to the Department of Justice that issued the decision.
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1. A notary who falls under the
provisions of Clause 3, Article 38 of the Notary Law, except for the cases
specified in this clause, shall prepare an application for the reissuance of
the notary card and submit it directly or via postal service or online to the
Department of Justice that issued the notary card.
The application includes the
following documents:
a) Written request for the
reissuance of the notary card (Form No. TP-CC-08);
b) 02 2cm x 3cm photos (the photos
must have been taken no more than 06 months prior to the submission date of the
application);
c) The notary card currently in
use (in the event that the card is damaged).
2. Within 05 working days from the
date of receiving a complete and valid application, the Department of Justice
shall decide to reissue the card for the notary; in the event of a refusal, a
written notice stating the reasons must be provided.
3. In the event that the notary
office changes its name, the issuance of a new card for the notary shall be
carried out simultaneously with the procedure for change in the notary office
registration contents in accordance with Article 21 of Decree No.
104/2025/ND-CP.
4. The reissued notary card shall
retain the same number as the previously issued card.
Article 17. Documents proving the request for change in
notary office registration contents
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a) In the case of the Notary
Office supplementing a notary: the written approval from the associate notaries
accompanied by documentary evidence of having fully paid the agreed stakes as
agreed in the case of adding an associate notary; the labor contract in the
case of adding a notary working under a contractual arrangement.
b) In the event that the notary
office reduces the number of notaries: A written approval from the associate
notaries and a written notice regarding the termination of the associate member
status as stipulated in point a, clause 1, Article 27 of the Notary Law, or
documents proving that a notary has terminated their associate member status in
cases specified in points b, c, and d, clause 1, Article 27 of the Notary Law,
or a decision to terminate a notary, or a document on the termination of the
labor contract with the notary working under a contractual arrangement.
c) In the case of a change of the
Head of the Notary Office: a written agreement among the partners regarding the
change of the Head of the Office or other documents proving that the Notary
Office must change its Head; documentation proving that the notary proposed as
the Head of the Notary Office has practiced notary work for at least 2 years.
d) In the case of changing the
address of the Notary Office: Documents proving the new office location; a
written agreement among the partners regarding the change of address for the
Notary Office organized and operating as a partnership.
d) In the case of changing the
name of the Notary Office: The written agreement of the partners regarding the
change of the name of the Notary Office.
e) In the case of consolidation,
merger, transfer of stakes or sale of the notary office: The decision of the
provincial People's Committee shall allow for the consolidation, merger,
transfer of stakes, or sale of the notary office.
2. The reissued certificate of
registration will retain the previously issued number.
Article 18.
Handover of notarial records of a notary office that has suspended operations,
a notarial practice organization that is dissolved or shut down
1. The handover of notarial record
from the Notary Office that has temporarily ceased operations in accordance
with the provisions of Clause 4, Article 32 of the Notary Law shall be carried
out in accordance with the following regulations:
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Information regarding the name and
address of the notarial practice organization that receives documents from the
notary office that has suspended operations shall be posted at the headquarters
of the suspended notary office, and shall also be published on the web portal
of the Department of Justice for at least 30 days from the date the decision to
suspend operations of the notary office takes effect;
b) Within 05 working days from the
date the decision to suspend the operations of the notary office takes effect,
the Department of Justice shall take charge and cooperate with the Notary
Association, relevant agencies, organizations, and the responsible individuals
in handing over the records, and the designated notarial practice organization
will receive the records in order to unify the method of handing over notarial
records, which are documented in a report signed by the agencies,
organizations, and individuals specified in this point.
c) When there is a request to
correct technical errors in notarized documents, amend, supplement, terminate,
cancel transactions, issue copies of notarized documents, or notarize mortgage
contracts as stipulated in Clause 2 of Article 56 of the Notary Law, the
requestor shall contact the notarial practice organization appointed to receive
the notarial records. The designated notarial practice organization and the
suspended notary office will carry out the transfer of notarial records in the
method that has been agreed upon. The handover must be documented in a report
signed by the parties involved in the transfer;
d) The notarial practice
notarization that receives the notarial records by handover is responsible for
updating information related to the records handed over into the local
notarization database from the moment of receiving the records by handover;
dd) Within 05 working days from
the expiration date of the suspension of operations of the notary office, the
notarial records that have been handed over in accordance with the provisions
in points b and c of this clause shall be returned to that notary office. The
handover will also be documented in accordance with the provisions of point b
of this clause.
2. The transfer of notarial
records in cases where a notarial practice organization is designated to
receive the notarial records from notarial practice organizations that are
dissolved or shut down in accordance with the provisions of Clause 5 of Article
68 of the Notarization Law shall be carried out according to the following
regulations:
a) No later than 30 days from the
date of the decision to dissolve the Notary Office or the decision to revoke
the registration of the Notary Office's operations, the Department of Justice
shall organize the transfer of notarial records to the designated notarial
practice organization. The handover of notarial records must involve the
participation of the Notary Association and be documented in a report, with the
signatures and seals of representatives from the Department of Justice and the involved
parties; in cases where the record-handing party does not sign, this should be
clearly noted in the report.
b) In the case where an individual
or organization responsible for transferring notarial records fails to do so or
is unable to transfer them, the Department of Justice shall coordinate with
relevant local authorities to organize the transfer of notarial records to the
notarial practice organization designated to receive notarial records. The
handover of notarial records must be documented in a written report as
prescribed in point a of this clause.
c) The notarial practice
notarization that receives the notarial records by handover is responsible for
updating information related to the records handed over into the local
notarization database from the moment of receiving the records by handover.
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1. The testimony of the notary is
an integral component of the notarized document.
2. The form of the testimony
issued together with this Circular includes: the testimony of the notary
applicable generally to transactions; the testimony for the power of attorney
contract in cases where the principal and the agent cannot be present together
at a notarial practice organization; the testimony for a will and documents amending,
supplementing, replacing, or revoking the will; the testimony for the document
on distribution of inheritance; the testimony for the document refusing to
accept the inheritance; the testimony of the notary applicable to directly
electronic notarized transactions; the testimony of the notary applicable to
online electronic notarized transactions.
3. When performing notarization,
diplomatic officials shall apply forms similar to the notary testimony form of
transactions (Form No. TP-CC-26); the Notary testimony form of power of
attorney contracts in cases where the principal and the agent are unable to be
present at the notarial practice organization together (Form No. TP-CC-27); the
Notary testimony form of a will and documents amending, supplementing,
replacing, or revoking the will (Form No. TP-CC-28); the Notary testimony form
of a written agreement on division of estate (Form No. TP-CC-29); the Notary
testimony form of a written disclaimer of estate (Form No. TP-CC-30); and the
Notary testimony form applied to directly electronic notarization transactions
(Form No. TP-CC-31); the notary testimony form applicable to online electronic
notarization transactions (Form No. TP-CC-32) and adjust information regarding
the entities involved, the address of the diplomatic mission, and the consular
office of the Socialist Republic of Vietnam abroad (hereinafter referred to as
“the diplomatic mission”), fully state the full names of the diplomatic
officials, the signing diplomatic officials, clearly indicate their full names,
affix the seal of the diplomatic mission, retain relevant documents, and other
necessary content to align with the notarization and authentication activities
of the diplomatic officials.
4. According to the rules in
Clause 1 of Article 48 and Article 50 of the Notary Law, the testimony forms
and notes on how to record them provided with this Circular, notaries and
diplomatic officials will draft the testimony to fit each specific transaction.
Notaries and diplomatic officials
are not permitted to include in their testimony any content that seeks to evade
or reduce their responsibilities, or content that violates the law or
contravenes social ethics.
Article 20.
The register of notarial requests, the notarial register, and the notarization
number
1. The register of notarial
requests is established by the notarial practice organization and the
diplomatic mission to monitor the submission of notarial requests and the
outcomes of the resolution of those requests.
The notarial register is
established by the notarial practice organization or diplomatic mission to
monitor and manage the notarization activities conducted at its own agency or
organization.
2. The register of notarial
requests and the notarial register specified in clause 1 if this Article are
established annually, with the opening date of the register being January 1st
and the closing date being December 31st of each year. Each register
must be numbered page by page, written consecutively from 01 to the end of the
register, without leaving any lines or pages blank, and must be sealed
according to legal regulations. At the end of the year, the notarial practice
organization must close the register and compile the total number of notarized
transactions completed within the year; the head of the notarial practice
organization shall confirm, sign, clearly write their full name, and affix the
seal in the register.
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3. The notarization number is the
serial number recorded in the notarial register, accompanied by the year of
notarization and the abbreviation CCGD (short for “notarization of
transactions”). The serial numbers recorded in the notarial register must be
recorded consecutively from number 01 until the end of the year, and must not
include letters or other characters; in the event that a new register is used
before the end of the year, the subsequent serial number from the previous
register must be applied.
4. In cases of providing
electronic notarization services, notarial practice organizations, and
diplomatic missions shall establish separate electronic transaction
notarization registers. The register is maintained annually, with the start
date being January 1st and the closing date being December 31st
of each year. At the end of each month or each quarter, the head of the
notarial practice organization shall confirm and digitally sign in the
register.
The electronic notarization number
is the serial number recorded in the electronic notarial register, accompanied by
the year of notarization and the abbreviation CCGDDT (short for “electronic
transaction notarization”). The serial number recorded in the electronic
notarial register must be continuous from number 01 until the end of the year,
and should not include any letters or other characters.
Article 21.
Establishment, management, and use of registers in notarization activities
1. The notarial practice
organization must establish, preserve, and store the following types of
registers:
a) Register of notarial requests
(Form No. TP-CC-33); transaction notarization register (Form No. TP-CC-34);
electronic transaction notarization register (Form No. TP-CC-35) (if providing
electronic notarization services);
b) The certified copy register;
the signature certification register; the translator’s signature certification
register according to the regulations of the certification law.
c) Labor usage tracking register
(Form No. TP-CC-36); correspondences, archival records, accounting and
financial ledgers, and other types of registers as prescribed by relevant laws.
2. The diplomatic mission must
establish, maintain, and store the following types of registers:
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b) The certified copy register;
the signature certification register; the translator’s signature certification
register according to the regulations of the certification law.
The diplomatic mission shall
establish the registers stipulated in points a and b of this clause according
to forms similar to the register of notarial requests (Form No. TP-CC-33);
transaction notarization register (Form No. TP-CC-34); electronic transaction
notarization register (Form No. TP-CC-35) (if electronic notarization services
are provided) issued together with this Circular, as well as the register forms
in accordance with the regulations of the law on authentication and adjust
information about the entities involved, location, signatories, seals of the
diplomatic mission, and other relevant contents to align with the notarization
and authentication activities of the diplomatic mission.
3. The establishment,
preservation, and storage of various registers as stipulated in clauses 1 and 2
of this Article shall comply with the provisions of the law on notarization,
authentication, labor, storage, taxation, finance, and other relevant legal
provisions.
Article 22.
Report on the organization and implementation of notarization activities
1. The provincial People's
Committees shall report to the Ministry of Justice the organization and
implementation of notarization activities in their areas in the annual report
on judicial work sent to the Ministry of Justice.
2. The content of the report on the
organization and implementation of notarization activities in the local areas
includes the following fundamental issues:
a) The situation of organization
and implementation of notarization activities in the local areas: The number of
notaries and notarial practice organizations; the issuance and reissuance of
notary cards; the revocation of notary cards; the establishment and operation
of notarial practice organizations; the operational results of notarial
practice organizations (total number of notarization works, authentication
works, notary fees, service charges related to notarization, authentication
fees, and other related costs);
b) Advantages, difficulties, and
obstacles during the organization and implementation of notarization
activities, along with proposals and recommendations (if any);
c) Evaluation of the state
management of the organization and implementation of notarization activities in
the local areas; recommendations and solutions to enhance the efficiency and
effectiveness of state management.
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1. The Departments of Justice
shall assist the provincial People's Committees in conducting inspections of
the organization and implementation of notarization activities in their areas.
The Departments of Justice shall conduct ad hoc inspections at the request of
the provincial People's Committees, the Ministry of Justice, or in cases where
there are signs of legal violations, handling complaints and denunciations.
The Department of Judicial
Assistance shall assist the Minister of Justice in conducting inspections
regarding the organization and implementation of notarization activities
throughout the country. The Department of Judicial Assistance shall conduct ad
hoc inspections at the request of the Minister of Justice or in cases where
there are signs of legal violations, handling complaints and denunciations.
Periodic inspections must be
scheduled; the timing and content of the inspection must be communicated in
writing to the inspectees no later than 15 days prior to the inspection date.
2. The inspection shall focus on
the following main contents:
a) Regarding notarial practice
organizations: The registration of operations and the request for issuance,
reissuance or revocation of notary cards; the resolution of notarial requests;
the establishment, management, use and storage of records and related
documents, applications/dossiers and materials; the implementation of
regulations regarding reporting, labor, statistics, taxes, finance, accounting,
anti-money laundering, and the execution of other rights and obligations of
notarial practice organizations and practicing notaries at the organizations as
stipulated by the Notarization Law, relevant guiding documents, and applicable
laws.
b) Regarding socio-professional
organizations of notaries: The admission and removal of members from the
membership list; professional training; handling complaints and accusations;
disciplinary actions; the implementation of legal regulations concerning
reporting, finance, accounting, and statistics, as well as the execution of
other tasks and powers of the socio-professional organizations of notaries in
accordance with the Notarization Law, relevant guiding documents, the Charter
of the Vietnam Notary Association, and applicable laws.
c) Regarding Departments of
Justice: The establishment of notary bureaus, notary offices; the issuance,
reissuance and revocation of notary office registration certificates; the
issuance, reissuance and revocation of notary cards; management of notarial
practice trainees; inspection work, periodic reporting, and ad hoc reporting;
the establishment, management and use of registers; the management, operation
of the local notary database and the implementation of other tasks and powers
as prescribed by the Notarization Law, guiding documents, and related laws.
3. The methods of inspection:
Direct inspection; indirect inspection through reports.
4. The forms of inspection
include:
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b) Ad hoc inspections when
detecting organizations, entities, or individuals with signs of legal
violations or at the request of resolving complaints, denunciations, petitions,
reflections, anti-corruption, negativity, or as assigned by the Minister of the
Ministry of Justice or the competent authorities.
5. The inspection period is the
timeframe during which the inspection team works directly with the inspected
entity. Depending on the form, content, scope of inspection, and the conditions
for ensuring, the decision-maker shall determine the inspection period but it
should not exceed 10 working days. In necessary cases, the Head of the
Inspection Team shall report to the person who issued the inspection decision
to extend the inspection period, but not exceeding 10 working days.
6. The Inspection Team has the
following tasks and powers:
a) Comply with the contents and
deadlines specified in the inspection decision;
b) Extend the inspection period
when necessary (the maximum extension period shall be equal to the originally
notified inspection duration);
c) Request the inspected entity to
provide information, documents, records, and materials related to the
inspection content.
d) Prepare the inspection minutes,
compile the inspection report, and take responsibility for the accuracy,
honesty, and objectivity of the minutes and report.
dd) Handle according to authority
and transfer to the relevant authority or authorized person in case of
detecting violations related to the organization and implementation of
notarization activities;
e) Ensure the confidentiality of
information pertaining to the inspection process as prescribed by law.
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a) The subject of the inspection
has the following rights: To request members of the inspection team and
relevant agencies or organizations to keep information confidential during the
inspection process in accordance with the law; to receive the inspection report
and request explanations of its contents; to reserve opinions in the inspection
report; to refuse to provide information, documents, records and materials that
are not related to the inspection unless otherwise stipulated by law; to report
violations of the law during the inspection; and other rights as stipulated by
law.
b) The subjects of the inspection
have the following obligations: To comply with the issued inspection decisions;
to provide timely, complete and accurate information, documents,
applications/dossiers and materials related to the content of the inspection as
requested by the inspection team and to take legal responsibility for the
accuracy and truthfulness of the provided information, documents,
applications/dossiers and materials; to sign the inspection report after the
completion of the inspection; to comply with the decisions of the inspection
team and any other obligations as prescribed by law.
8. The procedures for the
inspection shall be conducted as follows:
a) Announce the content and
program of the inspection when commencing the inspection of the organization
and implementation of notarization activities;
b) Compare, check, and evaluate
the content of the reports and the registers, documents, records, and materials
presented in accordance with the provisions of the law;
c) Record any violations of the
law (if any) during the inspection; prepare a report on the organization and
implementation of notarization activities after the inspection is concluded.
d) Issue the inspection
conclusion;
dd) Handle the matter according to
authority or propose to the competent authority to handle any violations of the
law in the organization and implementation of notarization activities (if any).
9. The Ministry of Foreign Affairs
shall decide the inspection of the organization and implementation of
notarization activities conducted by diplomatic officials abroad according to
its authority.
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IMPLEMENTATION CLAUSES
Article 24.
Forms
This Circular is promulgated
together with the following forms:
1. Written request for recognition
of equivalent notary training (Form No. TP-CC-01);
2. Written request for appointment
of notary (Form No. TP-CC-02).
3. Written request for termination
of notary (Form No. TP-CC-03).
4. Written request for
reappointment of notary (Form No. TP-CC-04).
5. Written request for issuance of
a notary card (Form No. TP-CC-05);
6. Written request for notary
office registration and issuance of notary card (Form No. TP-CC-06).
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8. Written request for reissuance
of a notary card (Form No. TP-CC-08);
9. Written request for
establishment of notary office (Form No. TP-CC-09).
10. Written request for
consolidated notary office registration and issuance of notary card (Form No.
TP-CC-10).
11. Written request for change in
merging notary office registration contents and issuance/reissuance/revocation
of notary card (Form No. TP-CC-11).
12. Written request for change in
registration contents of notary office receiving stakes by transfer and
issuance/reissuance/revocation of notary card (Form No. TP-CC-12).
13. Written request for change in
registration contents of notary office being sold and
issuance/reissuance/revocation of notary card (Form No. TP-CC-13).
14. Certificate of completion of
refresher training course on professional competence in notarization (Form No.
TP-CC-14).
15. Decision on issuance or
reissuance of notary cards (Form No. TP-CC-15).
16. Decision on revocation of
notary card (Form No. TP-CC-16).
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18. Decision on permission for
establishment of notary offices (Form No. TP-CC-18).
19. Decision on permission for
consolidation of notary offices (Form No. TP-CC-19).
20. Decision on permission for
merger of notary offices (Form No. TP-CC-20).
21. Decision on permission for
transfer of the entire stake of all partners of a notary office (Form No.
TP-CC-21).
22. Decision on permission for
sale of notary offices that are organized and operate as private enterprises
(From No. TP-CC-22).
23. Notary office registration
certificate (Form No. TP-CC-23).
24. Template for the signboard of
notarial practice organization (Form No. TP-CC-24).
25. Notary card template (Template
No. TP-CC-25).
26. Notary testimony form
applicable to transactions (Form No. TP-CC-26).
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28. Notary testimony form of a
will and documents amending, supplementing, replacing or revoking the will
(Form No. TP-CC-28).
29. Notary testimony form of a
written agreement on division of estate (Form No. TP-CC-29).
30. Notary testimony form of a
written disclaimer of estate (Form No. TP-CC-30).
31. Notary testimony form
applicable to directly electronic notarization transactions (Form No.
TP-CC-31).
32. Notary testimony form
applicable to online electronic notarization transactions (Form No. TP-CC-32).
33. Register of notarial requests
(Form No. TP-CC-33).
34. Transaction notarization
register (Form No. TP-CC-34).
35. Electronic transaction
notarization register (Form No. TP-CC-35).
36. Labor usage tracking register
(Form No. TP-CC-36).
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1. The competent authorities,
civil servants, officials and individuals assigned to receive and handle
administrative procedures are responsible for exploiting and using information
from the National Database on Population to resolve administrative procedures.
2. The exploitation and use of
information in the National Database on Population shall be conducted as
follows:
a) In the case of submitting
documents online: The information extracted from the National Database on
Population shall be automatically filled in the forms, alleviating the need for
individuals performing administrative procedures to provide declarations. If
the information is not automatically filled in the form, the person carrying
out the administrative procedure must complete it in full.
b) In the case of submitting
physical documents (submitted directly or via postal service): the individual
carrying out the administrative procedure must fill out the form completely.
3. The information subject to
exploitation and use as stipulated in Clause 1 of this Article includes:
Gender; nationality; permanent residence; temporary residence; current place of
residence.
Article 26.
Effects
1. This Circular comes into force
from July 01, 2025.
2. Circular No. 01/2021/TT-BTP
dated February 3, 2021 of the Minister of Justice elaborating certain articles
and measures for the implementation of the Notarization Law; Article 3 of
Circular No. 03/2024/TT-BTP dated May 15, 2024 of the Minister of Justice on
amendments to 08 Circulars related to administrative procedures in the field of
judicial assistance shall cease to be in effect from the effective date of this
Circular, except in cases specified in Clause 29 of Article 30 of Circular No.
01/2021/TT-BTP and Points l and m of Clause 3 of Article 3 of Circular No.
03/2024/TT-BTP.
Article 27.
Transitional provisions
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In the event that a notary changes
their place of practice, the notarial practice organization at the new location
shall request the issuance of a card for that notary in accordance with the
provisions of Article 14 of this Circular; if the notary does not change the
notarial practice organization but loses or damages the card, or if the notary
office changes its name, the notary shall request a reissuance of the card
according to the provisions of Article 16 of this Circular. The issuance and
reissuance of the notary card shall comply with the provisions of this
Circular.
The decision to issue or reissue
the notary card by the Department of Justice must clearly state the revocation
of any previously issued notary card. The notary must submit the issued card to
the Department of Justice; in the event that the card is lost, a written report
must be made to the Department of Justice.
2. The transaction notarization
register and the labor usage tracking register established prior to the
effective date of this Circular shall continue to be used until the end of
2025, except in cases where the notarial practice organization wishes to create
registers in accordance with the provisions of this Circular.
3. The notary office registration
certificate issued prior to the effective date of this Circular shall continue
to be used. The reissuance of the notary office registration certificate that
has been issued prior to the effective date of this circular shall comply with
the provisions of this circular.
PP. MINISTER
DEPUTY MINISTER
Mai Luong Khoi