Circular No. 01/2021/TT-BTP detailing certain provisions and implementing measures of the Notarization Law

CIRCULAR

Detailed provisions on certain articles and implementation measures of the Notarization Law

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Pursuant to the Notarization Law dated June 20, 2014;

Pursuant to Decree No. 29/2015/NĐ-CP dated March 15, 2015 of the Government detailing and guiding the implementation of certain provisions of the Notarization Law;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Legal Aid Department,

This Circular details Clause 6 Article 11, Clause 4 Article 32, Clause 5 Article 38, and Clause 4 Article 48 of the Notarization Law, and certain measures for organizing implementation and guiding enforcement of the Notarization Law regarding vocational training for notaries; legal work time; annual professional training for notaries; transfer of notarization files when a notary practice organization is dissolved or ceases operations; reporting and inspection on notary organizations and activities; types of registers and forms in notarization activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on the appointment of notaries, registration for notary practice; training in notary profession; continuing education courses for notaries; annual professional training for notaries; organization and operation of notarization; some forms in notarization activities.

Article 2. Applicability

This Circular applies to notaries, organizations practicing notary services, associations of notaries, state management agencies on notarization, and individuals, agencies, and organizations related thereto.

Chapter II

APPOINTMENT OF NOTARIES, REGISTRATION FOR NOTARY PRACTICE

Article 3. Appointment of notaries

1. The person proposing the appointment of a notary in accordance with Clause 1, Article 12 of the Notarization Law shall submit directly or send through the postal service one set of documents to the Department of Justice where the probationary period for notary practice is registered.

2. Documents proving that the person is exempt from notary profession training in accordance with Clause 1, Article 10 of the Notarization Law include one of the following:

a) Decision on appointment or reappointment as judge, prosecutor, investigator, or Judge Identification Card, Prosecutor Identification Card, Investigator Certificate accompanied by documents proving at least five years of experience as judge, prosecutor, or investigator;

b) Decision on appointment to the position of Professor or Associate Professor in law, Doctor of Law Degree; in cases where the Doctor of Law Degree is issued by an overseas educational institution, it must be recognized according to the regulations of the Ministry of Education and Training;

c) Decision on appointment as Senior Appraiser in the judiciary, Senior Inspector in prosecution; Senior Officer, Senior Researcher, Senior Lecturer in the field of law;

d) Lawyer Practice Certificate and Lawyer Card accompanied by documents proving at least five years of experience as a lawyer;

đ) Other documents proving exemption from notary profession training according to the law. The documents specified in this clause are certified copies or photocopies accompanied by original documents for verification.

3. Documents proving the time spent working in the legal field in accordance with Clause 2, Article 8 of the Notarization Law include one or more of the following:

a) Documents specified in point a, b, and c of Clause 2 of this Article;

b) Recruitment decision, transfer decision, dispatch decision, employment contract, or labor contract accompanied by documents proving social insurance payment periods consistent with the legal positions recruited or contracted;

c) Lawyer Practice Certificate, Lawyer Card, Auctioneer Practice Certificate, Bankruptcy Administrator Practice Certificate, Deputy Public Prosecutor appointment decision accompanied by documents proving social insurance payment periods consistent with these positions;

d) Other lawful documents proving the time spent working in the legal field.

4. The person proposing the appointment of a notary is responsible for the accuracy, authenticity, and legality of the documents and information declared in the application dossier for notary appointment. In necessary cases, the Department of Justice, the Ministry of Justice will verify the accuracy, authenticity, and legality of the documents and information in the dossier.

Article 4. Registration for Notary Practice and Issuance of Notary Practitioner Card

1. A notary practice organization shall directly submit or send through the postal system one set of registration dossier for notary practice and issuance of the Notary Practitioner Card to the Department of Justice at the place where it registers its activities. The dossier includes the following documents:

a) Application for registration for notary practice and issuance of the Notary Practitioner Card (Form TP-CC-06);

b) Decision on appointment or reappointment of the notary practitioner (certified copy or photocopy with the original for verification);

c) One portrait photograph measuring 2cm x 3cm of the notary practitioner applying for registration for notary practice and issuance of the Notary Practitioner Card (the photograph must be taken no more than six months before the date of submission of the dossier);

d) Documents proving that the notary practitioner is a member of the local Notary Practitioners Association (in cases where there is no local Notary Practitioners Association, documents proving membership in the Vietnam Notary Practitioners Association shall be submitted);

e) Decisions on revocation of the Lawyer Practice Certificate, Auctioneer Practice Certificate, removal from office as a Commissioner of Oaths, documents proving termination of other regular work; documents proving that the Department of Justice has deregistered the notary practice at the previous notary practice organization or a commitment letter stating that the notary practice has not been registered since the appointment or reappointment of the notary practitioner.

Within seven working days from the date of receipt of a complete and valid dossier, the Department of Justice shall issue a decision on registration for notary practice and issuance of the Notary Practitioner Card; in case of refusal, a written notice specifying the reasons must be issued. Within three working days from the date of issuance of the decision, the Department of Justice shall send the decision to the person registered for notary practice and the notary practice organization which submitted the application for registration, and simultaneously publish on the Ministry of Justice's notary management software and the Department of Justice's electronic portal information about the name and surname of the notary practitioner, the number and date of issuance of the Notary Practitioner Card, and the name of the notary practice organization where the notary practitioner practices.

The blank Notary Practitioner Card is issued by the Ministry of Justice.

2. A notary practitioner may only sign notarized documents after being registered for notary practice and issued the Notary Practitioner Card by the Department of Justice.

After being registered for notary practice and issued the Notary Practitioner Card, a notary practitioner shall not engage in work under employment contracts or labor contracts with other enterprises, agencies, or organizations; nor shall they hold leadership positions in political-social organizations, political-professional organizations, or participate in work that requires regular daytime work hours.

Article 5. Deregistration of Notary Practice and Revocation of the Notary Practitioner Card

1. Within seven working days from the date the decision on removal from office of the notary practitioner becomes effective, or within five working days from the date of receipt of notification from the notary practice organization regarding the cessation of notary practice by the notary practitioner at that organization, the Department of Justice at the place where the notary practitioner is registered for notary practice shall issue a decision on deregistration of notary practice and revocation of the Notary Practitioner Card; in case of refusal, a written notice specifying the reasons must be issued.

Within three working days from the date of issuance of the decision on deregistration of notary practice, the Department of Justice shall send the decision to the person whose notary practice has been deregistered, the notary practice organization where the person practiced, and simultaneously publish on the Ministry of Justice's notary management software and the Department of Justice's electronic portal; the published information includes the name and surname of the notary practitioner, the name of the notary practice organization, and the time when the notary practitioner was deregistered and the Notary Practitioner Card was revoked.

2. When implementing the procedures to terminate operations as stipulated in point a and c, Clause 1, Article 31 of the Notary Law, the Notary Office shall request the Department of Justice to deregister the notary practice and revoke the Notary Practitioner Card for the notary practitioner practicing at the Office.

 When the Notary Office terminates operations as stipulated in point b, Clause 1, Article 31 of the Notary Law, within five working days from the date the decision on revocation of permission to establish the Notary Office becomes effective, the Department of Justice shall issue a decision on deregistration of notary practice and revocation of the Notary Practitioner Card.

When a Notary Room is converted or dissolved as stipulated in Article 21 of the Notary Law, within three working days from the date the decision on conversion or dissolution of the Notary Room becomes effective, the Department of Justice shall issue a decision on deregistration of notary practice and revocation of the Notary Practitioner Card.

The sending of decisions and publication of information on deregistration of notary practice and revocation of the Notary Practitioner Card shall be carried out in accordance with the provisions of Clause 1 of this Article.

3. The Notary Practitioner Card ceases to be valid from the date the decision on deregistration of notary practice and revocation of the Notary Practitioner Card becomes effective. The person whose notary practice has been deregistered shall be responsible for submitting the Notary Practitioner Card to the Department of Justice that issued the decision on deregistration of notary practice and revocation of the Notary Practitioner Card; the Department of Justice shall collect the Notary Practitioner Card and destroy it in accordance with regulations.

Article 6. Reissuing the Notary Public Card

1. A notary public requesting to reissue the Notary Public Card in accordance with Clause 2 of Article 36 of the Notarization Law shall submit directly or send through the postal system one set of documents to the Department of Justice where they are registered to practice. The documents include the following papers:

a) Application for reissuing the Notary Public Card (Form TP-CC-07);

b) One portrait photograph measuring 2cm x 3cm (taken no more than six months before the date of submission of the application);

c) The Notary Public Card currently in use (in cases where the card is damaged).

2. Within five working days from the date of receiving complete and valid documents, the Department of Justice shall reissue the Notary Public Card for the notary public; in case of refusal, a written notification must be issued stating the reasons.

3. The reissued Notary Public Card retains the same number as the previously issued card.

Chapter III

TRAINING IN NOTARIZATION, COURSES FOR NOTARIZATION SKILLS ENHANCEMENT, ANNUAL NOTARIZATION PROFESSIONAL DEVELOPMENTNOTARIZATION PROFESSION TRAINING

Section 1

Article 7. Training institutions for notarization profession, framework training program for notarization profession

1. The training institution for the notarization profession as stipulated in Article 9 of the Notarization Law is the Judicial Academy under the Ministry of Justice.

2. The Judicial Academy shall take the lead and coordinate with the Legal Aid Administration to develop and submit to the Minister of Justice for promulgation the framework training program for the notarization profession.

Article 8. Recognition of equivalence for persons trained in the notarization profession abroad

a) Hold a vocational training certificate for the notarization profession issued by a training institution in a foreign country within the scope of application of an agreement on equivalence of certificates or mutual recognition of certificates or an international treaty related to certificates that Vietnam is a member of;

a) Having a notary vocational training certificate equivalent issued by an educational institution abroad in accordance with the relevant international treaty to which Vietnam is a party;

b) Hold a vocational training certificate for the notarization profession issued by a training institution in a foreign country whose vocational training program has been recognized by the quality assurance agency of that country or permitted to establish and issue certificates by the competent authority of that country.

2. Persons requesting recognition of equivalence of vocational training certificates for the notarization profession obtained abroad shall submit directly or send through the postal system one set of documents to the Ministry of Justice. The documents include the following papers:

a) Application for recognition of equivalence of vocational training for the notarization profession (Form TP-CC-01);

b) Certified true copies of the vocational training certificate and certified true copies of the results of vocational training for the notarization profession abroad, legalized by consular authentication, translated into Vietnamese, and the Vietnamese translation must be notarized or certified in accordance with Vietnamese law.

3. Within thirty days from the date of receiving complete and valid documents, the Minister of Justice shall issue a decision recognizing equivalence for persons trained in the notarization profession abroad; in case of refusal, a written notification must be issued stating the reasons.

COURSES FOR NOTARIZATION SKILLS ENHANCEMENT

Section 2

Article 9. Registration for participation in notarization skills enhancement courses

1. Persons exempted from notarization profession training in accordance with Clause 1 of Article 10 of the Notarization Law shall submit directly or send through the postal system one set of registration documents for participation in notarization skills enhancement courses to the Judicial Academy. The documents include the following papers:

a) Application for registration for notarization skills enhancement course (Form TP-CC-02);

b) Documents proving that they are persons exempted from notarization profession training as specified in Clause 2 of Article 3 of this Circular.

2. The Judicial Academy shall accept registration documents and notify the list of eligible participants for the notarization skills enhancement course at least thirty days before the start date; in case of refusal, a written notification must be issued stating the reasons.

2. The Judicial Academy shall accept registration files and notify the list of eligible participants for the training course at least 30 days before the commencement date; in case of rejection, it must provide a written notification specifying the reasons.

Article 10. Contents of Notary Profession Training

1. Professional skills in notary practice, including receiving and examining notarization request files, identifying the identity and civil capacity of the notarization requestor, and other professional skills within the authority of the notary public.

2. Legal knowledge related to notary practice, including legal provisions on notarization, civil law, and other relevant legal provisions.

3. Ethical rules for notary practice.

4. Management, organization, and operational skills for notary practice organizations.

Article 11. Responsibilities of the Academy of Judicial Science

1. To take the lead and coordinate with the Department of Legal Assistance in drafting and submitting to the Minister of Justice for issuance the notary profession training program.

2. To organize notary profession training courses in accordance with the program issued by the Minister of Justice.

3. To issue certificates of completion of notary profession training courses to those who meet the requirements.

Section 3

ANNUAL PROFESSIONAL TRAINING FOR NOTARIES

Article 12. Contents and Forms of Annual Professional Training for Notaries

1. The contents of annual professional training for notaries (hereinafter referred to as professional training) include one or more of the following issues:

a) Notary professional ethics rules;

b) Updating and supplementing knowledge of laws on notarization and other related legal regulations;

c) Professional skills in notary practice; skills in resolving issues encountered during notary practice.

d) Management, organizational, and operational skills for notary practice organizations.

2. Professional training shall be organized in the form of professional training classes.

Article 13. Implementation of Professional Training

1. Organizations implementing vocational training include:

a. Notary Public Association;

b. Vietnam Notary Public Association;

c. Academy of Judicial Science.

2. Notary publics may choose to participate in professional training classes organized by the Notary Public Association in another locality, the Vietnam Notary Public Association, or the Academy of Judicial Science.

Article 14. Time for Participation in Professional Training

1. The minimum time for participation in professional training is two working days per year (16 hours per year).

2. Notary publics falling under any of the following circumstances shall be recognized as having fulfilled their obligation to participate in professional training for that year:

a) Having research articles on notary laws and related laws published in domestic or foreign specialized law journals; writing or participating in writing books or textbooks on notary that have been published;

b) Participating in teaching notary at the Academy of Judicial Science; lecturing at professional training classes organized by the organizations specified in Clause 1 of Article 13 of this Circular;

c) Participating in specialized or professional training courses on notary abroad;

d) Serving as a speaker in training programs, seminars, or roundtable discussions on the contents stipulated in Clause 1 of Article 12 of this Circular organized by the Department of Legal Assistance or the Department of Justice. In cases where notary publics are not speakers but attend such training programs, seminars, or roundtable discussions as stipulated in this point, one day of attendance counts as eight hours of professional training participation. Two or more days of attendance count as fulfilling the obligation to participate in professional training. The Department of Legal Assistance or the Department of Justice shall issue a certificate to the notary public, specifying the number of days attended.

3. The following cases are exempted from fulfilling the obligation to participate in vocational training for that year:

a) Female notaries who are pregnant or nursing children under 12 months old;

b) Notary publics must undergo long-term treatment at healthcare facilities for diseases listed in the Ministry of Health's long-term treatment directory for three months or more, with certification from a health authority at the district level or equivalent.

Notary publics are responsible for submitting proof of belonging to one of the circumstances specified in points a and b of this clause to the Department of Justice where they are registered to practice no later than December 15th each year to compile a list of notary publics exempted from fulfilling the obligation to participate in training for that year.

Article 15. Documents confirming the performance of the obligation to participate in vocational training

1. Documents confirming the fulfillment of the obligation to participate in professional training include:

a) The certificate of participation in vocational training issued by the organization implementing vocational training as stipulated in Clause 1, Article 13 of this Circular;

b) Magazines, books, textbooks that have been published according to the provisions at point a, Clause 2, Article 14 of this Circular;

c) Confirmation documents or certificates proving participation in activities as stipulated at points b, c, d, Clause 2, Article 14 of this Circular.

Confirmation documents or certificates for the case stipulated at point c, Clause 2, Article 14 of this Circular must be legalized by a consul, translated into Vietnamese, and the Vietnamese translation must be notarized or certified.

2. Notaries who complete their obligation to participate in vocational training shall submit a copy of one of the documents specified in Article 1 of this Circular to the Department of Justice where they are registered to practice no later than December 15 each year to compile a list of notaries who have completed their obligation to participate in vocational training for that year.

The Department of Justice shall post the list of notaries who have completed their obligation to participate in vocational training and the list of notaries exempted from participating in vocational training on the Department of Justice's electronic portal no later than December 31 each year.

Article 16. Responsibilities of organizations implementing vocational training

1. Organizations implementing vocational training as stipulated in Clause 1, Article 13 of this Circular shall have the following responsibilities:

a) To develop and publish the organization's vocational training plan before January 30 each year;

b) To prepare the content, program, and other necessary conditions and organize vocational training according to the published plan;

c) To issue certificates of participation in notary vocational training (Model TP-CC-11);

d) To collect, manage, and use costs for implementing professional training in accordance with the law;

d) To establish and post on the organization's website a list of notaries who have participated in vocational training at the organization annually.

2. The Vietnam Notary Association shall have the following responsibilities:

a) To perform the duties of the organization implementing training as stipulated in Clause 1 of this Article;

b) To guide the core content of vocational training for each year to the Notary Associations;

c) To guide, summarize, and evaluate the implementation of vocational training by the Association and Notary Associations;

d) To guide the collection, management, and use of costs for implementing vocational training by Notary Associations in accordance with the provisions of the law.

Article 17. Handling violations by notaries and organizations implementing vocational training

1. Notaries who violate the obligation to participate in vocational training shall be subject to disciplinary action as prescribed by the Vietnam Notary Association and administrative penalties as prescribed by law, depending on the nature and severity of the violation.

2. Organizations implementing vocational training that violate the provisions of this Circular shall be subject to administrative handling as prescribed by law, depending on the nature and severity of the violation.

Chapter IV

ORGANIZATION AND NOTARY ACTIVITIES

Article 18. Termination of membership status and acceptance of new members in a Notary Office

1. The membership status of a notary in a Notary Office terminates in the following cases:

a) According to personal wishes as prescribed by the Law on Notarization;

b) Other cases as prescribed by the Law on Enterprises related to limited liability companies.

2. A notary who terminates their membership status according to point a, Clause 1 of this Article must obtain written approval from at least three-quarters of the total number of members of the Notary Office. The notary must notify in writing the other members and the Department of Justice where the Notary Office is registered at least six months before the termination date. Within two years from the date of termination of membership status, the person who terminated their membership status according to personal wishes remains jointly and severally liable for all debts of the Notary Office incurred before the termination date.

A notary who terminates their membership status according to point b of this Clause shall apply the provisions of Article 185 of the Law on Enterprises.

3. The acceptance of new members in a Notary Office shall be carried out in accordance with the provisions of Article 27 of the Law on Notarization and Article 186 of the Law on Enterprises.

Article 19. Changing the Content of Registration for Notary Public Offices

1. A Notary Public Office that requests to change the content of its registration as stipulated in Article 24 of the Notarization Law or a Notary Public Office that accepts merger or transfer shall submit directly or send through postal service one set of documents to the Department of Justice where the Notary Public Office has registered its activities.

The dossier includes the Notary Public Office's application for changing the content of registration (Form TP-CC-10), the original certificate of registration of the Notary Public Office, and one or several of the following documents depending on the content of the requested changes:

a) In case the Notary Public Office adds a notary public: Approval document from the named partners in the case of adding a named partner notary public or labor contract in the case of adding a notary public working under a labor contract, accompanied by the registration dossier and issuance of the notary public card;

b) In case the Notary Public Office reduces the number of notary publics: Approval document from the named partners and notification document regarding the termination of the status as a named partner according to Clause 2, Article 18 of this Circular or proof of the notary public ceasing to be a named partner in cases as prescribed in Point b, Clause 1, Article 18 of this Circular or decision on relieving the notary public from duty or document terminating the labor contract with the notary public working under a labor contract;

c) In case the Notary Public Office changes the Director: Proof that the proposed Director of the Notary Public Office has practiced notarization for at least two years, accompanied by a written agreement among the named partners regarding the change of the Director;

d) In case the Notary Public Office changes the address of its main office: Proof of the new main office;

e) In case the Notary Public Office changes its name: Written agreement among the named partners regarding the change of the Notary Public Office's name;

f) In case the Notary Public Office merges: Documents as prescribed in Clause 4, Article 14 of Decree No. 29/2015/NĐ-CP; in case the Notary Public Office transfers: Documents as prescribed in Clause 3, Article 15 of Decree No. 29/2015/NĐ-CP.

2. Within seven working days from the date of receiving the complete dossier as stipulated in Clause 1 of this Article, the Department of Justice shall reissue the certificate of registration for the Notary Public Office that changes its name, main office address, or Director, or record the content of the change in the certificate of registration for the Notary Public Office that changes the list of named partner notary publics or notary publics working under a labor contract; in case of refusal, it must notify in writing with clear reasons. The reissued certificate of registration shall retain the previously issued number.

Article 20. Termination of Activities of Notary Public Offices

1. The termination of activities of Notary Public Offices shall be carried out according to Article 31 of the Notarization Law.

2. In the case where a Notary Public Office voluntarily terminates its activities, within seven working days from the date when the Notary Public Office completes the procedures for terminating its activities as stipulated in Clause 2, Article 31 of the Notarization Law, the Department of Justice shall revoke the certificate of registration of the Notary Public Office.

Article 21. Transfer of notarized files in cases where a notary practice organization is designated to receive the files

1. In cases where the Notary Office is dissolved or the Notary Public Office ceases operations without reaching an agreement with another Notary Public Office on receiving notarized files, the Department of Justice shall designate another Notary Office or Notary Public Office to receive the notarized files before the decision to dissolve the Notary Office or the decision to revoke the registration certificate of the Notary Public Office is issued.

2. Within no more than sixty days from the date of the decision to dissolve the Notary Office or the decision to revoke the registration certificate of the Notary Public Office as stipulated in Clause 1 of this Article, the Department of Justice shall organize the transfer of notarized files to the designated organization to receive the files. The file transfer must involve the Notary Association for the locality if such an association exists, and must be recorded in a protocol signed and stamped by the Department of Justice and the parties involved; if the party transferring the files does not sign, it must be clearly noted in the protocol.

3. In cases where individuals or organizations responsible for transferring notarized files fail to do so or cannot do so due to legitimate reasons, the Department of Justice shall coordinate with relevant agencies at the local level to organize the transfer of files to the designated notary practice organization to receive the files. The transfer of notarized files must be recorded in a protocol according to the provisions of Clause 2 of this Article.

Article 22. Interpreting Collaborators of Notary Practice Organizations

1. Interpreting collaborators of notary practice organizations must meet all the criteria as prescribed in Clause 1 of Article 61 of the Notarization Law.

In cases where an interpreting collaborator has registered their signature sample with the notary practice organization they collaborate with, they may sign the translation beforehand; the notary public must compare the interpreter's signature with the registered sample before recording the certification statement and signing each page of the translation.

2. Rights and obligations of notary practice organizations:

a) Enter into contracts with interpreting collaborators, specifying the responsibilities of the collaborator regarding the content, quality of the translation, remuneration, rights, and obligations of both parties;

b) Notify the Department of Justice where the notary practice organization is registered of the list of interpreting collaborators in writing within five working days from the date of signing the contract with the collaborator;

c) Pay the remuneration for interpreting services according to the agreement with the interpreting collaborator;

d) Publicly display the list of interpreting collaborators at the headquarters of the organization;

đ) Compensate for damages and require the interpreting collaborator to make restitution according to the provisions of Article 38 of the Notarization Law;

e) Other rights and obligations agreed upon with the interpreting collaborator or as prescribed by law.

3. Rights and obligations of interpreting collaborators:

a) Receive remuneration for interpreting services according to the agreement with the notary practice organization;

b) Be responsible for the accuracy and appropriateness of the content of the translation performed by themselves;

c) Reimburse the amount that the notary practice organization has compensated for damages caused by their own fault according to the provisions of Article 38 of the Notarization Law;

d) Comply with laws and regulations on translation and internal rules of the notary practice organization;

đ) Other rights and obligations agreed upon with the notary practice organization or as prescribed by law.

Article 23. Notarization Database

1. The People's Committee of the province/city directly under the central government (hereinafter referred to as the Provincial People's Committee) shall be responsible for establishing the notarization database of the locality and promulgating regulations on the exploitation and use of the notarization database in accordance with Article 62 of the Notarization Law.

2. The notarization database must ensure safety, confidentiality, convenience when exploited and used, and have the ability to connect with other related databases.

3. The budget for establishing the notarization database shall be allocated from local state budget funds, contributions from notarization practice organizations, notaries, and other socialized funding sources.

4. Regulations on the exploitation and use of the notarization database must clearly define the responsibilities of individuals, agencies, and organizations involved in managing, providing, updating information into the database, exploiting and using the database, and the costs thereof.

Article 24. Affidavit of Notary

1. The testimony of notaries is a component part of the notarized document.

2. The model affidavit issued together with this Circular includes:

a) The general affidavit of the notary applicable to contracts (transactions); the affidavit for power of attorney contracts in cases where the principal and the agent cannot simultaneously appear at a notarization practice organization to sign the contract; the affidavit for wills and related documents; the affidavit for agreements on the division of inheritance, documents acknowledging inheritance; the affidavit for renunciation of inheritance;

b) The affidavit for translations.

3. Based on the provisions of Clause 1, Article 46, and Clause 3, Article 61 of the Notarization Law, the model affidavits and instructions on how to draft affidavits issued together with this Circular, the notary shall draft an appropriate affidavit for each specific contract or transaction. The notary shall not include in the affidavit any content aimed at evading or reducing their own responsibility or content that violates the law or breaches societal ethics.

Article 25. Notarization Register and Notarization Number

1. The notarization register is used to monitor and manage notarization matters at notarization practice organizations. It is established annually, with the opening date being January 1st and the closing date being December 31st. The register must be numbered by page, written continuously in numerical order from 01 to the end of the register, without skipping any lines or pages, and must be stamped according to the legal regulations.

At the end of the year, the notarization practice organization must close the register and compile a total count of notarization matters carried out during the year; the head of the notarization practice organization shall confirm, sign, write their full name, and stamp the register.

The notarization register is established according to a model, including the notarization register for contracts and transactions (Model TP-CC-27) and the notarization register for translations (Model TP-CC-28).

2. The notarization number is the sequential number recorded in the notarization register, accompanied by the book number, year of notarization, and type code of the notarization matter (contract, transaction; translation). The sequential number recorded in the notarization register must be recorded continuously from number 01 to the end of the year, without using letters; if a new register is used before the end of the year, the next sequential number from the previous register must be used.

The number recorded in the notarized document corresponds to the notarization number recorded in the notarization register.

3. In cases where a notarization practice organization establishes an electronic notarization register, it must print and bind it into a book periodically every month, and stamp it according to legal regulations. The establishment, recording, and closing of the register shall be carried out in accordance with Clauses 1 and 2 of this Article.

Article 26. Establishment, management, and use of registers in notarization activities

1. Notary practice organizations must establish, preserve, and store the following types of registers:

a) Registers for notarized contracts and transactions, and registers for notarized translations as prescribed in Article 25 of this Circular;

b) Labor usage tracking register (Model TP-CC-29). The labor usage tracking register must record the date of opening the register, the date of closing the register, and be stamped according to the provisions of the law;

c) Archival, accounting, financial registers, and other types of registers as prescribed by relevant laws.

2. The establishment, preservation, and storage of the aforementioned registers as stipulated in Clause 1 of this Article shall be carried out in accordance with the provisions of the law on notarization, archiving, statistics, taxation, finance, and other relevant laws.

Article 27. Reports on organization and notarization activities

1. The provincial People's Committee reports to the Ministry of Justice about the organization and notarization activities in the locality; the content of the report is included in the annual report on judicial work sent to the Ministry of Justice.

2. The content of the report on the organization and notarization activities in the locality includes the following basic issues:

a) The situation regarding the organization and notarization activities in the locality: Number of notaries and notary organizations; registration of practice, issuance of Notary Cards; cancellation of registration of practice, revocation of Notary Cards; results of the activities of notary organizations (total number of notarizations, certifications, fees for notarization, certification fees, and other expenses);

b) Matters concerning the establishment, conversion, dissolution of Notary Offices; permission to establish, transfer the office from one district to another; consolidation, merger, transfer, cessation of operations of Notary Offices (if applicable);

c) Advantages, difficulties, and obstacles encountered during the organization and notarization activities and proposals, recommendations (if applicable);

d) Evaluation of state management over the organization and notarization activities in the locality; proposals, recommendations, and solutions to enhance the effectiveness and efficiency of state management.

Article 28. Inspection of organization and notarization activities

1. The Department of Justice assists the provincial People's Committee in conducting inspections of the organization and notarization activities in the locality. The Department of Justice conducts surprise inspections at the request of the provincial People's Committee, the Ministry of Justice, or when there are signs of violation of the law, complaints, or accusations.

The Legal Aid Agency assists the Minister of Justice in conducting inspections of the organization and notarization activities nationwide. The Legal Aid Agency conducts surprise inspections at the request of the Minister of Justice or when there are signs of violation of the law, complaints, or accusations.

Regular inspections must be planned; the time and content of inspections must be notified in writing to the inspected entities at least 15 days before the inspection date.

2. Inspections focus on the following main contents:

a) For notary practice organizations: Registration of activities, registration of practice, and issuance of Notary Cards; handling of notarization requests; management, use, and storage of various registers and related documents, files, and materials; implementation of reporting, labor, tax, financial, accounting, statistical regulations, and other rights and obligations of notary practice organizations and practicing notaries according to the Notarization Law, guiding documents, and relevant laws.

b) For notary professional social organizations: Admission and removal from membership lists; professional training; handling of complaints and accusations; disciplinary actions; implementation of reporting, financial, accounting, statistical regulations, and other tasks and powers of notary professional social organizations according to the Notarization Law, guiding documents, the Vietnam Notary Association Charter, and relevant laws.

c) For the Department of Justice: Drafting plans for establishing Notary Offices and Notary Offices; issuance, reissuance, and revocation of activity registration certificates for Notary Offices; registration of practice and issuance of Notary Cards; management of notary practice internships; inspection, supervision, regular and surprise reporting; management, use of registers; operation of notary database, and other tasks and powers according to the Notarization Law, guiding documents, and relevant laws.

3. The inspection team has the following duties and powers:

a) Implement the contents and deadlines recorded in the Inspection Decision accurately;

b) Extend the inspection in necessary cases (the maximum extension time equals the previously announced inspection period);

c) Request the inspected entity to provide information, documents, files, and materials related to the inspection content;

d) Prepare the inspection record, build the report on the inspection results, and bear responsibility for the accuracy, honesty, and objectivity of the record and report;

đ) Handling within its authority in cases where violations in the organization and notarization activities are discovered;

e) Maintain confidentiality regarding information related to the inspection process in accordance with the provisions of the law;

4. The inspected entity has the following rights: Request members of the inspection team and related agencies and organizations to keep confidential information during the inspection process according to the law; receive the inspection record and request explanation of the content of the inspection record; reserve opinions in the inspection record; refuse to provide unrelated information, documents, files, and materials unless otherwise provided by law; report illegal acts during the inspection process and other rights as prescribed by law.

The inspected entity has the following obligations: Comply with inspection decisions that have been issued; promptly, fully, and accurately provide relevant information, documents, files, and materials according to the requirements of the inspection team and bear legal responsibility for the accuracy and truthfulness of the provided information, documents, files, and materials; sign the inspection record after completing the inspection; comply with the inspection team's decisions and other obligations as prescribed by law.

5. The inspection procedures are conducted as follows:

a) Announce the content and program of the inspection when starting the inspection concerning organization and notarization activities;

b) Compare, inspect, and evaluate the content of the report and books, documents, files, and materials presented in accordance with the law;

c) Prepare an inspection record on the organization and notarization activities after completing the inspection;

d) Handle within its authority or refer to the competent authority to handle illegal acts in the organization and notarization activities (if applicable).

1. The Department of Legal Assistance and the Inspectorate of the Ministry assist the Minister of Justice in conducting inspections regarding notarization organization and activities.

2. The Department of Justice assists the People's Committee at the provincial level in conducting inspections regarding notarization organization and activities in local areas.

3. Inspections concerning notarization organization and activities shall be carried out in accordance with the provisions of laws on inspection, laws on notarization, and other relevant legal regulations.

Chapter V

IMPLEMENTING PROVISIONS

Article 30. Attached Forms

This Circular promulgates the following forms and registers:

1. Application for Recognition of Equivalent Training in Notary Profession (Form TP-CC-01);

2. Registration Form for Participation in Notary Profession Refresher Course (Form TP-CC-02);

3. Nomination Application for Notary Public (Form TP-CC-03);

4. Resignation Application for Notary Public (Form TP-CC-04);

5. Reappointment Application for Notary Public (Form TP-CC-05);

6. Application for Registration of Practice and Issuance of Notary Public Card (Form TP-CC-06);

7. Application for Replacement of Notary Public Card (Form TP-CC-07);

8. Establishment Application for Notary Office (Form TP-CC-08);

9. Registration Form for Notary Office Operations (Form TP-CC-09);

10. Application for Change of Registered Operation Content of Notary Office (Form TP-CC-10);

11. Certificate of Participation in Notary Profession Refresher Course (Form TP-CC-11);

12. Decision on Registration of Practice and Issuance of Notary Public Card (Form TP-CC-12);

13. Decision on Cancellation of Registration of Practice and Revocation of Notary Public Card (Form TP-CC-13);

14. Decision on Permission to Convert Notary Room into Notary Office (Form TP-CC-14);

15. Decision on Permission to Establish Notary Office (Form TP-CC-15);

16. Decision on Permission to Merge Notary Offices (Form TP-CC-16);

17. Decision on Permission to Consolidate Notary Offices (Form TP-CC-17);

18. Decision on Permission to Transfer Ownership of Notary Office (Form TP-CC-18);

19. Registration Form for Notary Office Operations (Form TP-CC-19);

20. Signage Model for Notary Profession Practicing Organizations (Form TP-CC-20);

21. General Notary Public Affidavit Model for Contracts and Transactions (Form TP-CC-21);

22. Notary Public Affidavit Model for Power of Attorney Contracts in Cases Where the Principal and the Agent Cannot Attend the Same Practicing Organization (Form TP-CC-22);

23. Notary Public Affidavit Model for Wills and Will Amendment Documents (Form TP-CC-23);

24. Notary Public Affidavit Model for Inheritance Division Agreement/Will Acceptance Document (Form TP-CC-24);

25. Notary Public Affidavit Model for Inheritance Renunciation Document (Form TP-CC-25);

26. Notary Public Affidavit Model for Translation (Form TP-CC-26);

27. Notarization Register for Contracts and Transactions (Form TP-CC-27);

28. Notarization Register for Translations (Form TP-CC-28);

29. Labor Usage Monitoring Book (Form TP-CC-29).

Article 31. Transitional Provisions

1. Individuals who have completed their probation period for notarization practice before January 1, 2015, are exempt from submitting a copy of the certificate of probation results when applying for appointment as a notary public.

2. Individuals who were relieved of their position as notary public due to personal preference or transferred to another job before January 1, 2015, may be reappointed as notary public according to Clause 1 and Clause 4 of Article 16 of the Notarization Law. The individual applying for reappointment must submit directly or through postal service one set of application documents to the Department of Justice where they previously applied for notary public appointment. The reappointment of individuals who were relieved of their notary public position before January 1, 2015, shall be conducted according to Clause 2 and Clause 4 of Article 16 of the Notarization Law.

3. Notary publics appointed before this Circular takes effect and wish to change their place of practice shall have the notarization practicing organization where they transfer to handle the registration of practice and issuance of the notary public card according to Article 4 of this Circular.

Notary publics of notary rooms who have retired or left their positions voluntarily within one year are still entitled to retain their title of notary public and can participate in establishing a notary office or practicing at an existing notary office according to the Notarization Law. The one-year period is calculated from the effective date of the retirement or termination decision to the date the notary office submits the application for registration of practice and issuance of the notary public card for that notary public according to Article 4 of this Circular.

4. The notary public card issued by the Ministry of Justice continues to be valid. If a notary public changes their place of practice, the notarization practicing organization where they transfer to shall apply for registration of practice and issuance of the card for that notary public according to Article 4 of this Circular; if the notary public does not change their notarization practicing organization but loses or damages the card, the notary public shall apply for replacement of the card according to Article 6 of this Circular. The notary public card issued or replaced shall be based on the card number of the Department of Justice.

The decision on registration of practice and issuance of the notary public card by the Department of Justice must clearly state the revocation of the previous notary public card issued by the Ministry of Justice. The notary public must submit the previously issued notary public card to the Department of Justice; in case the card has been lost, a written report must be submitted to the Department of Justice.

Article 32. Effectiveness

1. This Circular takes effect from March 26, 2021.

2. Circular No. 06/2015/TT-BTP dated June 15, 2015, of the Minister of Justice detailing and guiding the implementation of certain provisions of the Notarization Law ceases to be effective from the date this Circular takes effect.