Decree No. 02/2008/ND-CP detailing and guiding the implementation of certain provisions of the Notarization Law

DECREE

Detailed regulations and guidance on implementing certain provisions of the Notarization Law

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

BASED ON THE Notary Law dated November 29, 2006;

Considering the proposal of the Minister of Justice,

DECREE:

Article 1. Scope of application

THIS Decree specifies detailed regulations and provides guidance on implementing Paragraph 3 Clause 2 Article 24, Paragraph 2 Clause 2 Article 26, Point c Clause 2 Article 11, Points a, d and đ Clause 5 Article 11, Clause 2 Article 18 and Article 56 of the Notary Law concerning financial regime, seal of the Notary Office, seal of the Notary Public Office; management of organization, training of notary profession; state management of notarization at local level; location of headquarters, material conditions of the Notary Public Office; notary fees.

Article 2. Duties and powers of the Department of Justice in assisting the People's Committee of provinces and centrally governed cities in managing state affairs related to notarization

1. To develop a proposal for the development of notary practice organizations in the locality to meet the demand for notarization of organizations and individuals, to be submitted to the People's Committee of provinces and centrally governed cities for approval; to organize the implementation of such proposals after they have been approved.

2. To receive, examine, and inspect applications for establishing Notary Public Offices in accordance with the provisions of the law, to be submitted to the People's Committee of provinces and centrally governed cities for permission to establish.

3. To require notary practice organizations to report on their organizational and operational situations in accordance with the provisions of the law.

4. To advise and propose to the People's Committee of provinces and centrally governed cities measures to support the development of notary practice organizations.

5. To implement inspections, audits, and resolution of complaints and denunciations regarding the organization and operation of notary practice organizations in accordance with the provisions of the law or upon authorization from the Minister of Justice.

Article 3. Financial regime of the Notary Office

1. The financial regime of the Notary Office shall be implemented in accordance with the provisions of the law on public service units, other relevant legal documents, and the provisions of this Decree.

2. From the date of conversion to a public service unit, the financial regime of the operating Notary Office, which was previously regulated by Government Decree No. 75/2000/ND-CP dated December 8, 2000 on notarization and certification, shall be implemented in accordance with the provisions of Clause 1 of this Article.

Article 4. Headquarters of the Notary Public Office

1. The Notary Public Office must have its own headquarters with a specific address and ensure sufficient working area for notaries, staff, visitors requesting notarization, and storage of notarization files in accordance with the provisions of the law.

2. In cases where the headquarters is rented or borrowed, in addition to meeting the requirements stipulated in Clause 1 of this Article in the application for registration of the Notary Public Office, a copy of the lease or borrowing agreement with a minimum duration of three years from the date of applying for registration of the Notary Public Office must also be attached.

Article 5. Conditions for practicing notarization for lawyers appointed as notaries

1. When a lawyer appointed as a notary to establish a Notary Public Office, when making the application for registration of the Notary Public Office, he/she must provide confirmation of having withdrawn from the list of members of the Bar Association and ceased practicing as a lawyer.

A lawyer appointed as a notary to practice notarization at an existing Notary Public Office must also provide confirmation of having withdrawn from the list of members of the Bar Association and ceased practicing as a lawyer.

2. The cessation of practicing as a lawyer shall be evidenced by one of the following documents:

a) For a lawyer practicing individually, there must be a certificate confirming that the lawyer has returned the lawyer’s practice registration certificate to the competent authority that issued it;

b) For a lawyer who established a Law Firm or Limited Liability Law Company, there must be a certificate confirming that the lawyer has returned the registration certificate of the Law Firm or Limited Liability Law Company to the competent authority that issued it;

c) For a lawyer who is a member of a Partnership Law Company or a founding member of a Limited Liability Law Company with two or more partners, there must be a certificate confirming that the lawyer has withdrawn from the membership list of the Partnership Law Company or Limited Liability Law Company with two or more partners;

d) For a lawyer who is a capital contributor in a Limited Liability Law Company with one partner or a Limited Liability Law Company with two or more partners, there must be a certificate confirming that the lawyer has ceased being a member in the Limited Liability Law Company with one partner or Limited Liability Law Company with two or more partners;

đ) For a lawyer working under a contract for a law practice organization, there must be a certificate confirming that the lawyer has terminated the employment contract with the law practice organization.

Article 6. Procedures for appointing notaries to practice notarization for retired officials or those wishing to resign

1. Retired officials or those wishing to resign who are appointed as notaries to practice notarization at a Notary Public Office, in addition to the criteria stipulated in Article 13 of the Notary Law, must also submit proof of retirement or resignation.

2. Notaries of the Notary Office who resign voluntarily or retire retain their title of notary and have the right to establish a Notary Public Office or join an existing Notary Public Office.

A retired notary who has not exceeded one year since retirement retains the right to practice notarization according to the regulations and does not need to go through the appointment procedure for notaries. The period not exceeding one year for a retired notary is calculated from the date of the retirement decision to the date of submitting the application for registration of the Notary Public Office.

Article 7. Notary Fees

1. The level of notary fees is uniformly applied to Notary Offices and Notary Public Offices.

2. The Ministry of Finance, in collaboration with the Ministry of Justice, will stipulate the levels of fees, management, and usage of notary fees.

Article 8. Seal of the Notary Office and Notary Public Office

1. The Notary Office and Notary Public Office use seals without the national emblem.

The Ministry of Public Security will stipulate the seal models of the Notary Office and Notary Public Office.

2. Procedures, documents for applying for seal engraving, management, and usage of the seals of the Notary Office and Notary Public Office shall be carried out in accordance with the law on seals.

3. The Notary Office may engrave and use seals after receiving the establishment decision.

4. The notary office is permitted to engrave and use its seal after being issued a Registration Certificate for Operation.

5. Notary offices currently operating in accordance with Decree No. 75/2000/NĐ-CP dated December 8, 2000 of the Government on notarization and certification shall be permitted to engrave and use their seals according to this Decree after receiving a decision to convert to a public service unit.

Article 9. Vocational Training for Notaries

1. Vocational training institutions for notaries include the Judicial Academy under the Ministry of Justice and other institutions, if they meet the criteria stipulated in Clause 2 of this Article.

2. Vocational training institutions for notaries must satisfy the following criteria:

a) Having a management staff and instructors in sufficient quantity and with a balanced structure, possessing moral integrity and educational qualifications, ensuring the achievement of vocational training objectives and programs for notaries;

b) Having a training program and textbooks that align with the framework curriculum for vocational training of notaries;

c) Having physical facilities and equipment necessary to support teaching and learning activities for notary vocational training.

The Minister of Justice shall provide detailed guidelines on the criteria and procedures for establishing vocational training institutions for notaries.

Article 10. Effectiveness

1. This Decree takes effect fifteen days from the date of publication in the Official Gazette.

2. Abolish Clause 9, Article 3 of Decree No. 58/2001/NĐ-CP dated August 24, 2001 of the Government on the management and use of seals.

Article 11. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.