Chương IV Thông tư 06/2015/TT-BTP: Tổ chức và hoạt động công chứng

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.