Thông tư 06/2015/TT-BTP quy định chi tiết và hướng dẫn thi hành một số điều của Luật Công chứng do Bộ trưởng Bộ Tư Pháp ban hành

CIRCULAR

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON NOTARIZATION

Pursuant to the Law on Notarization No. 53/2014/QH13 dated June 20, 2014;

Pursuant to the Government’s Decree No. 22/2013/NĐ-CP dated March 13, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 29/2015/NĐ-CP dated March 15, 2015 detailing the implementation of a number of articles of the Law on Notarization;

At the request of Director General of Bureau of Judicial Affairs Support, Ministry of Justice,

The Minister of Justice promulgates the Circular detailing the implementation of a number of articles of the Law on Notarization;

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Circular regulates procedures for appointment of notaries, registration for practice, issuance of notary card; training courses in notary careers; organization and operation of notarization; some specimen documents of notary activities

Article 2. Regulated entities

This Circular applies to notaries, notary practice organizations, socio-professional organizations of notaries, state management agencies for notarization and relevant agencies, organizations or individuals.

Chapter II

PROCEDURES FOR APPOINTMENT OF NOTARIES, REGISTRATION FOR NOTARY PRACTICE, ISSUANCE OF NOTARY CARDS

Article 3. Procedures for appointment of notaries

1. Persons who make requests for appointment of a notary as prescribed in Clause 1, Article 12 of the Law on Notarization must submit one (01) set of documentation directly or by post to the Service of Justice where such would-be notary has registered to work as a notary trainee.

2. Documents proving that the would-be notary is exempted from training in notary career as prescribed in Clause 1, Article 10 of the Law on Notarization shall include one of the following papers:

a) Decision on appointment of judge, prosecutor, investigator or papers as proof that such person was a judge, prosecutor, or investigator accompanied by proof that such would-be notary has worked as a judge, prosecutor or investigator for at least five years;

b) Decision of conferment of titles of professors, associate professors of law; Doctoral degree in law;

c) Decision on appointment of high-ranking inspectors in judiciary and procuracy, high-ranking experts, researchers, and instructors in legislative area;

d) Written confirmations of period of practice as a lawyer issued by the board of Bar Association;

dd) Other documents proving that the would-be notary is exempted from training in notary career according to the law provisions;

Documents as prescribed in this Clause shall be certified copies or copies accompanied by originals for comparison.

3. Persons who make requests for appointment of notary shall be responsible for accuracy and authenticity of the documents and information declared in the documented request for appointment of notaries. In case of necessity, the Service of Justice, the Ministry of Justice shall verify accuracy and authenticity of the documents and information provided.

Article 4. Registration for notary practice and issuance of notary cards

1. A notary practicing organization shall submit one (01) set of registration documentation directly or by post to the Service of Justice where the notary practicing organization is operating, and award notary cards to the notaries that belong to the organization.

The documentation includes:

a) Registration form for notary practice and issuance of notary cards;

b) Appointment decision awarded to the notary who makes registration for notary practice and issuance of notary cards (certified copy or copy accompanied by originals for comparison);

c) One (01) 2x3 photo of each notary who make registration for notary practice and issuance of notary cards (no more than six months prior to the date of submission);

d) Membership card or other papers proving that the notary is a member of the Association of Notaries;

dd) Papers proving residence of notaries in central-affiliated cities and provinces where the notary practicing organization is head-quartered;

e) Papers proving retirement from law, auction, bailiff practice or other regular jobs with respect to those who are running such practice;

2. Within ten working days since receipt of eligible documentation as prescribed in Clause 1 of this Article, the Service of Justice shall put names of those who register notary practice into the list of notaries practicing notarization in the locality (hereinafter referred to as the list of notaries) and award notary cards to the notaries; in case of rejection, a written notice must be issued with reasons specified.

Within five working days since the list of notaries is completed, the Service of Justice must post the list on its website and at the same time make submission of the list to the Ministry of Justice for overall monitoring.

3. Only notary who is awarded notary card is permitted to perform notary signing.

Template of notary cards issued by the Ministry of Justice.

Article 5. Revocation of notary cards

1. Within 15 days since the Minister of Justice decides dismissal of notaries as prescribed in Clause 4, Article 15 of the Law on Notarization, or within seven working days since receipt of written notice from notary practicing organization as prescribed in Clause 3, Article 35 of the Law on Notarization, the Service of Justice where the notary registers practice shall erase practice, make decision on revocation of notary card and send this decision to the notary subject to revocation, notary practicing organization and the Ministry of Justice, and at the same time post the information about revocation of notary cards on its website.

2. The notary card shall become invalid since the Service of Justice makes decision on revocation.

Article 6. Re-issuance of notary cards

1. Any notary who makes registration for re-issuance of notary cards as prescribed in Clause 2, Article 36 of the Law on Notarization must submit one (01) set of documentation directly or by post to the Service of Justice where he/she has registered notary practice.

The documentation includes:

a) Request form for re-issuance of notary cards;

b) One (01) 2x3 photo (no more than six months prior to the date of submission);

c) Notary card being currently used (in case the card is damaged);

2. Within five working days since receipt of eligible documentation, the Service of Justice shall re-issue the notary card to the notary; in case of rejection, a written notice must be issued to the notary with reasons specified.

3. A re-issued notary card shall retain number of previously issued card.

Chapter III

TRAINING, TRAINING COURSES IN NOTARY CAREER, ANNUAL TRAINING IN PROFESSIONAL COMPETENCE TO NOTARIES

Section 1. TRAINING IN NOTARY CAREER

Article 7. Training establishments, notary training framework program

1. Notary training establishment as prescribed in Article 9 of the Law on Notarization is Academy of Justice affiliated to the Ministry of Justice.

2. Academy of Justice shall preside over and cooperate with Bureau of Judicial Affairs Support in formulating and submitting the notary training framework program to the Minister of Justice for promulgation.

Article 8. Recognition of equivalence for persons receiving notary training abroad

1. Persons who receive notary training abroad shall be granted recognition of equivalence in the following cases:

a) Have notary career training certificate awarded by training institutions abroad within Governing scope of the Agreement on equivalence of diplomas or mutual recognition of diplomas, or International Agreement on diplomas to which Vietnam is committed or is a member;

b) Have notary career training certificate granted by training institutions abroad that has notary training program being recognized by quality assessment agencies of that country or is established and awards diplomas under the permission of competent agencies of that country.

2. Diplomas that fall within the cases as prescribed in Point a, Clause 1 of this Article shall be recognized according to the Agreement on equivalence of diplomas or mutual recognition of diplomas, or International Agreement on diplomas to which Vietnam is committed or is a member; Recipients of diplomas do not have to perform procedures for recognition of equivalence as prescribed hereof.

3. Recipients of diplomas that fall within the cases as prescribed in Point b, Clause 1 of this Article and need recognition of equivalence for notary career training abroad must make submission of one (01) set of documentation directly or by post to the Ministry of Justice.

The documentation includes:

a) Written request for recognition of equivalence;

b) Translation of notary career training diploma (notarized or certified true copy) as prescribed in Clause 1 of this Article.

Within 30 days since receipt of eligible documentation, the Minister of Justice shall make decision on recognition of equivalence for persons receiving notary career training abroad; in case of rejection, a written notice must be issued with reasons specified.

Section 2. NOTARY CAREER TRAINING COURSE

Article 9. Registration for participation in notary career training courses

1. Persons who are exempted from notary career training as prescribed in Clause 1, Article 10 of the Law on Notarization must submit one (01) set of registration documentation directly or by post to Academy of Justice for participation in notary career training courses.

 The documentation includes:

a) Registration form for participation in notary career training courses;

b) Papers proving that such persons are exempted from notary career training as prescribed in Article 3 hereof (certified true copy or copy accompanied by originals for comparison);

2. The Academy of Justice shall receive the documentation and announce the list of persons who meet the conditions for participation 30 days at the latest before the training course starts; in case of rejection, a written notice must be issued with reasons specified.

Article 10. Content of notary career training course

1. Notary practicing skills include receiving and examining request documentation for notarization, identifying records, legal capacity of a person who requests notarization and other professional skills within the competence of notaries.

2. Knowledge of laws relating to notary practice includes regulations on notarization and other relevant law provisions.

3. Code of ethics in notary practice;

4. Skills in managing, organizing and operating private notary offices;

Article 11. Responsibilities of Academy of Justice

1. Preside over and cooperate with Bureau of Judicial Affairs Support in formulating and submitting the notary career training program to the Minister of Justice for promulgation;

2. Organize at least one (01) training course per year;

3. Award certificate on completion of notary career training course;

Section 3. ANNUAL TRAINING IN PROFESSIONAL COMPETENCE IN NOTARIZATION

Article 12. Obligations to participate in annual training in professional competence in notarization

1. Notaries who are practicing notarization must participate in annual training in professional competence in notarization at one of the organizations as prescribed in Article 13 hereof.

2. Time of participation is at least three working days/year (24 hours/year);

Article 13. Organizations conducting annual training in professional competence in notarization

1. Association of notaries; in case an association of notaries is not yet established in the locality, the Service of Justice shall conduct the training;

2. Academy of Justice;

Article 14. Content of annual training in professional competence in notarization

1. Update and enhance knowledge of laws relating to notary practice and other relevant law provisions;

2. Train and foster skills in notary practice; ways of dealing with difficulties arising during notary practicing;

Article 15. Exemption from participation in annual training in professional competence in notarization

Notaries shall be given exemption from participation in annual training in professional competence in notarization if such notaries have lectured at Academy of Justice or at an annual training course in professional competence in notarization, or participated in a notary career training course abroad in the year.

Article 16. Responsibilities of organizations conducting annual training in professional competence in notarization

1. Formulate content, program and plan for training

Bureau of Judicial Affairs Support shall preside over and cooperate with Academy of Justice in providing guidance on central matters of annual training in professional competence in notarization.

2. Organize training in accordance with formulated content, program and plan;

3. Make a list of notaries who have completed annual training in professional competence in notarization and make submission of the list to the Service of Justice where the notaries register notary practicing for posting on the Service of Justice's website and at the same time to the Ministry of Justice for overall monitoring;

Article 17. Handling of notaries in violation of obligations to participate in annual training in professional competence in notarization

Any notary in violation of obligations to participate in annual training in professional competence in notarization, depending on nature and severity of the violations, shall be handled according to regulations of Vietnamese Association of Notaries;

Chapter IV

ORGANIZATION AND OPERATION OF NOTARIZATION

Article 18. Procedures for change of registered activities of private notary office

1. Any private notary office that requests change of registered activities as prescribed in Article 24 of the Law on Notarization must submit one (01) set of documentation directly or by post to the Service of Justice where such private notary office registers operation.

The documentation includes a written request for change of registered activities of private notary office, certificate of private notary office registration (original) and one or some of the following papers depending on type of activity to be requested for change:

a) Registration documentation for notary practice and issuance of notary cards supplemented to private notary office as prescribed in Article 4 hereof; a written agreement on termination of partnership status of a notary; minutes of liquidation of employment contract with notaries working under contracts; papers proving that a notary of the notary office is dead or pronounced as dead by the Court in case change is made to the list of notaries.

b) Papers proving that a would-be head of the office has practiced notarization for more than two years in case change of head of private notary office is made;

c) Papers related to head office (of a private notary office) in case change of head office is made; in case head office is moved to an administration division at district level, a written approval of People’s committees of provinces must be obtained as prescribed in Clause 1, Article 24 of the Law on Notarization;

2. Private notary offices receiving merger as prescribed in Article 14, or private notary office eligible for transfer as prescribed in Article 15 of the Government’s Decree No. 29/2015/NĐ-CP dated March 15, 2015 providing instructions on the implementation of a number of articles of the Law on Notarization must make submission of one (01) set of request documentation for change of registered activities directly or by post to the Service of Justice where the private notary office registers operation.

3. Within seven working days since receipt of eligible documentation as prescribed in Clauses 1, 2 of this Article, the Service of Justice shall re-issue certificate of registration to the private notary office in case changes are made to names, head offices or head of private notary office, or record such changes on the certificate of registration in case changes are made to other activities; in case of rejection, a written notice must be issued with reasons specified.

Article 19. Conversion of private notary office established by one notary

1. Any private notary office that is established by one notary and needs to be converted as prescribed in Clause 1, Article 79 of the Law on Notarization must submit one (01) set of documentation directly or by post to the Service of Justice where such notary office registers operation.

The documentation includes:

a) Request form for conversion of private notary office;

b) Reports on finance, organization and operation, notarized documents currently filed in the private notary office making request for conversion;

c) Decision on appointment of notary by partners of a private notary office making request for conversion (certified true copy or copies accompanied by originals for comparison);

2. Within seven working days since receipt of eligible documentation as prescribed in Clause 1 of this Article, the Service of Justice shall make submission to People’s committees of provinces for consideration and decision on conversion of private notary office; in case of rejection, a written notice must be issued with reasons specified.

3. Within seven working days since receipt of a written request from the Service of Justice, People’s committees of provinces shall consider and approve conversion of private notary office; in case of rejection, a written notice must be issued with reasons specified.

4. Within seven working days since receipt of written approval for conversion, the private notary office must submit one (01) set of operation registration documentation directly or by post to the Service of Justice.

The documentation includes:

a) Registration form for operation;

b) Written approval for conversion of private notary office (certified true copy or copies accompanied by originals for comparison);

c) Papers concerning new head office (of converted private notary office) in case the private notary office changes its head office.

Within seven working days since receipt of eligible documentation, the Service of Justice shall issue certificate of registration to the converted private notary office; in case of rejection, a written notice must be issued with reasons specified.

5. The Service of Justice shall be responsible for making public announcement of registered activities of the converted private notary office as prescribed in Article 25 of the Law on Notarization. The converted private notary office must issue press release on registered activities as prescribed in Article 26 of the Law on Notarization.

6. During the preparation of procedures for conversion, the private notary office requesting conversion shall be permitted to operate until the converted notary office is granted certificate of registration. The converted private notary office shall inherit rights and obligations of the notary office requesting conversion, and be responsible for keeping all notarized documents thereof.

Article 20. Hand-over of notarized documents when notary practicing organization is dissolved or stops operation

1. In case the Service of Justice appoints a notary practicing organization to receive notarized documents from a notary office dissolved or stopping operation as prescribed in Clause 5, Article 64 of the Law on Notarization, the time limit of appointment is 30 days (at the latest) since the notary office is dissolved or private notary office stops operation.

2. After a notary practicing organization is appointed as prescribed in Clause 1 of this Article, the Service of Justice shall determine time limit for hand-over and organize hand-over of notarized documents. Hand-over of notarized documents must be made into a written record with signatures and stamps of the Service of Justice and notary practicing organization.

Article 21. Translator of notary practicing organization

1. Translator of notary practicing organization must meet standards as prescribed in Clause 1, Article 61 of the Law on Notarization. List of translators of notary practicing organization must be notified in writing to the Service of Justice where the notary practicing organization is headquartered.

In case a translator has registered specimen signature with a notary practicing organization for which he/she works as a freelance translator, such translator can sign his/her name on the translation in advance; the notary shall check signature of the translator against specimen signature before performing notarization.

2. Rights and obligations of notary practicing organization:

a) Sign a contract with freelance translator under which responsibilities of the translator for information, quality of the translation, fees; rights and obligations of each party must be specified;

b) Pay translation fee as agreed with the translator;

c) Publicly post the list of translators at its head office;

d) Compensate for losses and request refund from the translator as prescribed in Article 38 of the Law on Notarization;

dd) Other rights and obligations as agreed with the translator or according to the law provisions;

3. Rights and obligations of the translator:

a) Receive translation fee as agreed with the notary practicing organization;

b) Take responsibility for accuracy and conformity of information translated;

c) Refund the money compensated by the notary practicing organization for losses caused by his/her fault as prescribed in Article 38 of the Law on Notarization;

d) Comply with regulations of the laws on translation and regulations prescribed by the notary practicing organization;

dd) Other rights and obligations as agreed with the notary practicing organization or according to the law provisions;

Article 22. Notary statements

1. Notary statement is an integral part of the notarized document.

2. Sample notary statements enclosed herewith include:

a) Common notary statements for contracts and transactions; notary statements for authorization contracts in case authorizer and the authorized can not be present at the notary practicing organization at the same time; notary statements for testaments; notary statements for written agreements on division of estate; notary statements for written declarations of received estate; notary statements for written refusal to receive estate;

b) Notary statements for the translation;

3. Based on provisions set out in Clause 1, Article 46, Clause 3, Article 61 of the Law on Notarization and sample notary statements enclosed herewith, the notary shall write his/her notary statements for each specific contract or transaction.

Article 23. Notary record books and numbers

1. Notary record books are used to monitor and manage notarial acts performed in notary practicing organization. Notary record books are written continuously in order of page without any page left blank, with a seal on the margin of each consecutive page (and performed on an annual basis).  At the end of year, the notary record book is closed for making statistical report on notary work performed in the year; head of the notary practicing organization shall confirm, sign his/her name and affix a seal.

Notary record books are designed according to forms including notary record books for contracts, transactions and translation.

2. Notary numbers are ordinal numbers recorded in notary record books accompanied by book numbers, year of notary performance and signs of notary acts (contracts, transactions, translation) Ordinal numbers recorded in notary record books must be consecutively numbered from 01 till the end of year; if one notary record book is full before end of the year, another book shall be used with ordinal number in succession to the number of previous book.

Numbers recorded in notarized documents are the numbers corresponding to notary numbers recorded in notary record books.

3. Any notary practicing organization that applies information technology to notarization must ensure adequacy of information according to notary record book forms. Regularly on a monthly basis, the notary practicing organization must make it a book with a seal on the margin of each consecutive page; at the end of December 31 annually, combine them into one (01) notary record book by kind of notary work performed in a year. Formulation and recording of notary record books are instructed in accordance with Clauses 1, 2 of this Article.

Article 24. Formulation, management and use of notary record books in notarial activities

1. Notary practicing organizations must formulate, preserve and store the following record books:

a) Notary record books for contracts, transactions and translation as prescribed in Article 23 hereof;

b) Logbooks for use of labor

Logbooks for use of labor must contain dates of opening and closing book with a seal on the margin of each consecutive page;

c) Archives and records books, accounting and financial books and other record books according to the law provisions;

2. Formulation, preservation and storage of all kinds of record books as prescribed in Clause 1 of this Article are instructed in accordance with regulations of the Law on archives, statistics, taxes, finance; the Law on Notarization and other relevant law provisions.

Article 25. Reports on organization and operation of notarization

1. Annually, the Service of Justice shall be responsible for reporting organization and operation of notarization in the locality to People’s committees of provinces.

Apart from regular reports, the Service of Justice shall be also responsible for reporting organization and operation of notarization in the locality at the request of the Ministry of Justice or People’s committees of provinces.

2. Annually, People’s committees of provinces shall be responsible for reporting organization and operation of notarization in the locality to the Ministry of Justice.

Apart from regular reports, People’s committees of provinces shall be responsible for making the report to the Ministry of Justice on formulation, conversion and dissolution of notary offices, permission for establishment, consolidation, merger, transfer of private notary offices in the administrative division as prescribed in Clause 1, Article 70 of the Law on Notarization;

3. Reports on organization and operation of notarization as prescribed in Clauses 1, 2 of this Article include key information as follows:

a) Situations of organization and operation of notarization in locality:

b) Advantages, disadvantages, and difficulties during the organization and operation of notarization;

c) Assessment of state administration for organization and operation of notarization in the locality; proposals, petitions and solutions for increasing efficiency and effectiveness of state administration;

4. Annual reporting period starts from January 01 to end of December 31.

Article 26. Inspection of organization and operation of notarization

1. The Service of Justice shall be responsible for helping People’s committees of provinces carry out inspection of organization and operation of notarization in the locality on an annual basis or at the request of the Ministry of Justice or People’s committees of provinces.

2. Bureau of Judicial Affairs Support shall be responsible for helping the Ministry of Justice carry out inspection of organization and operation of notarization in localities.

3. Regular inspection must be planned; time and content of inspection must be notified in writing to entities subject to inspection 10 working days at the latest before inspection.

Article 27. Investigation into organization and operation of notarization

1. Bureau of Judicial Affairs Support, Ministerial Inspectorate shall be responsible for helping the Ministry of Justice carry out investigation into organization and operation of notarization.

2. The Service of Justice shall be responsible for helping People’s committees of provinces carry out investigation into organization and operation of notarization in the locality.

3. Investigation into organization and operation of notarization is instructed in accordance with the Law on Investigation, the Law on Notarization and other relevant law provisions.

Chapter V

IMPLEMENTARY PROVISION

Article 28. Attached forms

Enclosed herewith includes:

1. Request form for recognition of equivalence in notary career training (Form TP-CC-01).

2. Registration form for participation in notary career training (Form TP-CC-02);

3. Request form for appointment of notary (Form TP-CC-03);

4. Request form for dismissal of notary (Form TP-CC-04);

5. Request form for re-appointment of notary (Form TP-CC-05);

6. Registration form for notary practice and issuance of notary cards to notaries (Form TP-CC-06);

7. Request form for re-issuance of notary cards to notaries (Form TP-CC-07);

8. Request form for establishment of private notary office (Form TP-CC-08);

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

10. Request form for change of registered activities of private notary office (Form TP-CC-10);

11. Request form for conversion of private notary office (Form TP-CC-11);

12. Written approval for conversion of notary office private notary office (Form TP-CC-12)

13. Written approval for establishment of private notary office (Form TP-CC-13)

14. Written approval for conversion of private notary office (Form TP-CC-14);

15. Written approval for consolidation of private notary office (Form TP-CC-15)

16. Written approval for merger of private notary office (Form TP-CC-16)

17. Written approval for transfer of private notary office (Form TP-CC-17);

18. Certificate of private notary office registration (Form TP-CC-18);

19. Signboards of notary practicing organization (Form TP-CC-19);

20. Sample notary statements for contracts, transactions (Form TP-CC-20);

21. Sample notary statements for translation (Form TP-CC-21);

22. Notary record books contracts, transactions (Form TP-CC-22);

23. Notary record books for translation (Form TP-CC-23);

24. Logbook for use of labor (Form TP-CC-24);

Article 29. Transitional clause

1. Persons who complete notary career practice probation before January 01, 2015 shall not submit copy of certificate of performance of notary practice probation upon request for appointment of notary.

2. Persons who are dismissed as notaries by personal aspiration or moved to other jobs before January 01, 2015 shall be considered for re-appointment of notaries as prescribed in Clauses 1, 4, Article 16 of the Law on Notarization. Persons who are re-appointed must submit one (01) set of documentation directly or by post to the Serivce of Justice.

3. Any notary who was appointed before the effective date of this Circular needs to change place of practicing notarization, the notary practicing organization where such notary moves to shall perform registration for notary practicing and issuance of notary cards to such notary as prescribed in Article 4 hereof.

Any notary of public notary office who retires or resigns by personal aspiration no more than one year shall still hold his title as a notary and is able to establish private notary office or practice notarization at a private notary office in operation. The time from issuance of decision on retirement or resignation to the submission of registration for notary practicing and issuance of notary card to such notary is no more than one year as prescribed in Article 4 hereof.

4. The notary card issued by the Ministry of Justice shall remain valid; in case the notary changes his place of practicing, loses or damages his notary card, the notary practicing organization shall request registration for notary practice and issuance of notary card to such notary as prescribed in Article 4 hereof. Number of the notary card issued to the notary shall be the number granted by the Service of Justice. The Service of Justice’s decision on issuance of notary card to the notary must specify revocation of the notary card previously issued by the Ministry of Justice.

Article 30. Effect

1. This Circular takes effect since August 01, 2015.

2. The Ministry of Justice’s Circular No. 11/2011/TT-BTP dated June 27, 2011 instructing implementation of a number of articles on notaries, organization and operation of notarization, state administration for notarization, and the Ministry of Justice’s Decision No. 01/2008/QĐ-BTP dated February 20, 2008 promulgating a number of specimen documents used in notary activities shall become invalid since the effective date of this Circular.