Chương II Thông tư 06/2015/TT-BTP: Thủ tục đề nghị bổ nhiệm công chứng viên, đăng ký hành nghề công chứng, cấp thẻ công chứng viên

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.