Chương V Thông tư 01/2021/TT-BTP: Điều khoản thi hành

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.