Thông tư 01/2021/TT-BTP hướng dẫn Luật Công chứng do Tư pháp ban hành

MINISTRY OF JUSTICE -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------
No. 01/2021/TT-BTP	Hanoi, February 3, 2021

 

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

GENERAL PROVISIONS

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:

a) A decision on appointment or re-appointment of a judge, procurator, or investigator, or the identity card of the judge, the identity card of the procurator, the certificate of the investigator, enclosed with papers proving the working time as a judge, procurator or investigator for 5 years or more;

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;

d) Other legal documents proving working time of legal practices.

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.

Within 07 working days from the date of receipt of a complete and valid application, the Department of Justice shall issue a decision on notarial practice registration and a 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 issuance of the decision, the Department of Justice shall send the decision to the person who is registered for practice and the notarial practice organization that has submitted the application for notarial practice registration, and at the same time 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, number and date of issue of the notary card, name of the notarial practice organization where the notary is about to practice.

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.

The sending of decisions and posting of information on practice de-registration and revocation of notary cards shall comply with the provisions of Clause 1 of this Article.

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

NOTARY TRAINING, NOTARY REFRESHER COURSES, ANNUAL NOTARY REFRESHER COURSES

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:

a) Application for recognition of notary training equivalence (Form TP-CC-01);

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

1. Notarial practice skills, including receiving and checking dossiers seeking notarial services, identification of personal records, active legal capacity of the notarization requester, other professional skills within the competence of the notary.

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

1. Content of annual notary refresher course (hereinafter referred to as refresher course) shall include one or certain matters below:

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;

c) Judicial Academy.

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:

a) Female notaries who are pregnant or nursing a child under 12 months old;

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.

The Department of Justice shall publish the list of notaries who have completed the obligation to attend refresher course and the list of notaries who are exempt from the obligation to attend refresher course during the year on the website of the Department of Justice no later than December 31 of each year.

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;

b) Guide the main contents of annual refresher course for notary associations;

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:

a) According to personal wishes according to the Notarization Law;

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;

c) In case the private notary office changes its head: A document proving that the notary expected to be the head of the private notary office has performed notarial practice for 02 years or more, together with the written consent of the general partners on the change of the head of the office;

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

1. In case a public notary office is dissolved or a private notary office terminates its operation without reaching an agreement with another private notary office on the receipt of notarization documents, the Department of Justice shall appoint a public notary office or private notary office to receive the notarization documents before there is a decision to dissolve the public notary office or issue a decision to revoke the operation registration certificate of the private notary office.

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;

d) Publicly post the list of interpreter collaborators at its head office;

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

1. People's Committees of provinces and centrally affiliated cities (hereinafter referred to as People's Committee of province) are responsible for building notarial local database and promulgating regulations on extraction and use using the notarial database as prescribed in Article 62 of the Notarization Law.

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.

Notaries may not include in their notarial certificates any content to evade or reduce his/her liability, or content that violates the law or is contrary to social ethics.

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:

a) Notarial journal for contracts and transactions, notarial journal for translations according to Article 25 of this Circular;

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);

c) Advantages, difficulties and obstacles in the process of notarial organization and operation and proposals and recommendations (if any);

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.

3. The examination team has the following tasks and powers:

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:

a) Announcing the examination checklist and program at the beginning of the examination of notarial organization and operation;

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

Article 30. Attached forms

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);

9. Application for registration of private notary office operation (Form TP-CC-09);

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);

19. Certificate of private notary office operation registration (Form TP-CC-19);

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);

29. Logbook of personnel (Form TP-CC-29).

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

1. This Circular comes into force as of March 26, 2021.

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