Chương II Thông tư 01/2021/TT-BTP: Bổ nhiệm công chứng viên, đăng ký hành nghề công chứng

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.