✦ 智能摘要
This Circular guides the verification of enforcement conditions and the direct execution of judgments and decisions in Ho Chi Minh City. It applies to notary offices and related agencies such as civil enforcement agencies. The Circular stipulates procedures and responsibilities of the Head of the Notary Office in verifying enforcement conditions, organizing enforcement, resolving disputes, and terminating the operations of the Notary Office.
适用范围
Notary Office conducting pilot activities in Ho Chi Minh City; Head of the Notary Office; Civil Enforcement Agency; District Civil Enforcement Agency; People's Procuracy; County Police Agency; Commune People's Committee.
要点
- The person entitled to enforcement has the right to request the Notary Office to verify enforcement conditions and provide relevant judgments and decisions (Article 1).
- The Head of the Notary Office must send enforcement decisions to the District Civil Enforcement Agency where the Notary Office is located; cooperate with related civil enforcement agencies in handling seized assets and paying enforcement fees (Article 2).
- The Head of the Notary Office must issue a compulsory enforcement decision and approve the compulsory enforcement plan as prescribed in Article 3.
- In cases of termination of enforcement proceedings, the Head of the Notary Office is responsible for liquidating contracts and resolving arising issues (Article 4).
- The Notary Office shall carry out dissolution procedures according to the Enterprise Law and Government Decree No. 61/2009/NĐ-CP, including contract liquidation and continued registration of notarial acts that have been established (Article 5).
🌐 本文件的社会影响
- Facilitating individuals and businesses in enforcement proceedings through the use of Notaries.
- Enhancing coordination between Notary Offices and civil enforcement agencies to expedite and improve the effectiveness of enforcement proceedings.
- Ensuring the rights of the person entitled to enforcement and the person subject to enforcement through regulations on the termination of enforcement proceedings.
- Ensuring the Notary Office operates in accordance with the law, guaranteeing transparency in the performance of its duties.
❓ 常见问题
When can the person entitled to enforcement request the Notary Office to verify enforcement conditions?
When the person entitled to enforcement wishes to verify enforcement conditions, they have the right to request the Notary Office to do so (Article 1).
What must the Head of the Notary Office do upon receiving a decision to terminate operations?
Within thirty days from the date of receipt of the decision, the Head of the Notary Office must carry out tasks such as contract liquidation and resolution of arising issues (Article 4).
Who issues the compulsory enforcement decision?
Within five working days from the date of receipt, the Director of the Ho Chi Minh City Civil Enforcement Agency must issue a compulsory enforcement decision and approve the compulsory enforcement plan (Article 3).
When can the person entitled to enforcement request the termination of a contract?
If the person entitled to enforcement requests the termination of a contract, all parties must jointly liquidate the contract and resolve arising issues (Article 4).
What does the Notary Card specify regarding its format?
The Notary Card has a red cover, measuring 9.5 cm x 14.0 cm when folded in half. The front side displays the image and personal information of the Notary (Article 6).
全文
CIRCULAR
Guidelines for Implementing Certain Provisions of Decree No. 61/2009/NĐ-CP
dated July 24, 2009 of the Government on the Organization and Operation of Notaries Conducting Pilot Programs in Ho Chi Minh City
Conducting Pilot Programs in Ho Chi Minh City
______________________
Pursuant to the Civil Enforcement Law on November 14, 2008;
Pursuant to Resolution No. 24/2008/QH12 dated November 14, 2008 of the National Assembly, Session XII, on the Implementation of the Civil Execution Law;
Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the Organization and Operation of Notaries Conducting Pilot Programs in Ho Chi Minh City,
The Ministry of Justice issues guidelines for implementing certain provisions of Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the organization and operation of notaries conducting pilot programs in Ho Chi Minh City as follows:
I. VERIFICATION OF EXECUTION CONDITIONS
1. The person entitled to execution may request a notary office to verify the execution conditions. When requesting verification of execution conditions, the requester must provide the judgment, decision, and related documents.
2. In cases where the notary directly verifies the execution conditions, the notary must prepare a record in accordance with Article 44 of the Civil Execution Law.
II. DIRECT IMPLEMENTATION OF JUDGMENTS AND DECISIONS
1. In cases where the person entitled to execution has multiple items to be executed under the same judgment or decision from one obligor, at the same time, the person entitled to execution only has the right to request the civil execution agency or a notary office to organize the execution. If the items to be executed are from different obligors, the person entitled to execution has the right to simultaneously request the civil execution agency and a notary office to execute separately for each item.
If there are multiple persons entitled to execution under the same judgment or decision and those persons request the civil execution agency and a notary office to organize the execution, the notary offices and the civil execution agency must cooperate with each other in the execution according to the guidance provided in Clause 2, Section II of this Circular.
2. The head of the notary office must send decisions on execution to the Civil Enforcement Office located where the notary office is situated; provide information and cooperate with relevant civil execution agencies in handling seized assets and paying execution fees.
The head of the notary office must cooperate with the heads of other relevant notary offices in handling seized assets and paying execution fees.
3. The document of the head of the notary office proposing the Director of the Civil Enforcement Department of Ho Chi Minh City to issue a compulsory enforcement decision and approve a compulsory enforcement plan must include the following main contents: The content of the execution request of the party according to the judgment or decision; the execution conditions of the obligor; the process of organizing the execution; the compulsory enforcement measures to be applied; the number of people and agencies participating in protecting compulsory enforcement; the expected time and location for the compulsory enforcement. Within no more than five working days from the date of receipt of the proposal document from the notary office, the Director of the Civil Enforcement Department of Ho Chi Minh City must issue a compulsory enforcement decision and approve a compulsory enforcement plan, and send the decision and plan to the People's Procuracy, Public Security Agency of the district, People's Committee of the commune where the compulsory enforcement is organized, and organizations related to the implementation of the compulsory enforcement decision.
In case the Director of the Civil Enforcement Department of Ho Chi Minh City disagrees with issuing the decision and approving the compulsory enforcement plan, he/she must reply to the notary office with the reasons. If disagreeing with the refusal to issue the decision and approve the plan, the head of the notary office has the right to appeal to the Director of the Civil Enforcement Department of Ho Chi Minh City for consideration and resolution within fifteen days from the date of receipt of the appeal. If disagreeing with the decision of the Director of the Civil Enforcement Department of Ho Chi Minh City, the head of the notary office has the right to appeal to the Director General of the Civil Enforcement Department under the Ministry of Justice for consideration and resolution within thirty days from the date of receipt of the appeal. The decision of the Director General of the Civil Enforcement Department under the Ministry of Justice shall take effect.
The head of the notary office shall proactively contact the People's Procuracy and Public Security Agency of the district where the compulsory enforcement is organized to coordinate in organizing the protection of compulsory enforcement according to regulations.
4. In cases of compulsory enforcement, in addition to the compulsory enforcement costs collected in accordance with the law on civil execution, the notary office and the person requesting execution may agree on additional reasonable costs.
5. In cases where the matter has not been fully executed but the person requesting execution requests the notary office to terminate the execution, it shall be handled as follows:
a) If the person entitled to execution provides a document requesting to stop the execution, the head of the notary office shall issue a decision to suspend the execution, except when the suspension affects the rights and interests of third parties as stipulated in Point c Clause 1 Article 50 of the Civil Execution Law. All parties will settle the contract and resolve any arising issues. The amount of money and assets obtained will be returned to the obligor;
b) If the person entitled to execution requests termination of the contract, all parties will settle the contract and resolve any arising issues. The amount of money and assets obtained will be handled in accordance with the law on civil execution.
c) Revoke the decision on the application of security measures, enforcement measures; terminate the power of attorney auction sale contract, release the blocking; freeze, seize assets, accounts and other related documents (if any). In cases where the decision on enforcement of civil judgments is made by the Director of the Civil Enforcement Department of Ho Chi Minh City, the Notary Office shall request the Director of the Civil Enforcement Department of Ho Chi Minh City to revoke the decision on enforcement of civil judgments. The Director of the Civil Enforcement Department of Ho Chi Minh City must issue a decision to revoke the decision on enforcement of civil judgments within no more than 01 working day from the date of receipt of the request letter from the Notary Office.
d) During the process of liquidating the contract, if there is any dispute, the court shall be requested to resolve it.
III. SETTLEMENT OF SOME ISSUES ARISING WHEN THE NOTARY OFFICE IS DISSOLVED OR TERMINATES ITS OPERATIONS
The dissolution or termination of the Notary Office shall be carried out in accordance with the Enterprise Law and Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government. Additionally, depending on each case, the Notary Office must also perform the following tasks:
1. In the case of self-dissolution:
The Notary Office must submit a dissolution plan to the Department of Justice of Ho Chi Minh City. Based on the approval of the Department of Justice, proceed with the procedures:
a) Liquidate contracts in accordance with the provisions of the law;
b) Continue registering the notarial acts that have been established at the Department of Justice;
c) For direct enforcement of judgments, implement according to the provisions of Clause 5, Section II of this Circular.
2. In the case where the Chairman of the People's Committee of Ho Chi Minh City decides to suspend operations:
Within 30 days from the date of receiving the decision on termination of operations, the Notary Office must carry out the contents specified in Points a, b, and c of Clause 1 of this Section.
3. The Director of the Department of Justice of Ho Chi Minh City is responsible for assisting the People's Committee of Ho Chi Minh City in urging and monitoring the implementation of tasks when the Notary Office is dissolved or terminates its operations.
IV. SAMPLES OF NOTARIAL BUSINESS DOCUMENTS
1. Registers of Obligations (Annex 1)
2. Sample Contracts for Performing Tasks (Annex 2)
3. Samples of Decisions and Notices (Annex 3).
V. BADGE AND UNIFORM OF NOTARIES
1. Principles for Using the Notary Badge
Notaries must use the Badge while performing their duties. Strictly prohibit the use of the Badge for purposes contrary to regulations.
Any individual or organization discovering a Notary using the Notary Badge for improper purposes must immediately report to the Department of Justice of Ho Chi Minh City or the nearest police agency for appropriate action.
2. Issuance and Revocation of the Notary Badge
a) Issuance of the Notary Badge
After obtaining the registration certificate for operation, the Head of the Notary Office shall submit a letter and accompanying documents to the Department of Justice of Ho Chi Minh City requesting issuance of the Badge for themselves and Notaries working at the office (if any). The application for issuance of the Badge includes: Application for issuance of the Badge, personal history, copy of the appointment decision for Notary, Registration Certificate for the Notary Office, and five 3x4 color photographs. Within 05 days, the Department of Justice has the responsibility to examine and submit to the Minister of Justice for issuance of the Badge to those who meet the conditions.
Within ten days from the date of receipt of the application and documents from the Department of Justice, the Minister of Justice shall review and decide on the issuance of Notary Public Cards.
In cases where the Notary Badge is damaged or lost due to objective reasons, the Notary Office shall request the Department of Justice of Ho Chi Minh City to handle the procedures for the Minister of Justice to replace or reissue the Badge.
b) Revocation of the Notary Badge
A Notary who is relieved of duty will have their Notary Badge revoked.
3. Sample of the Notary Badge
The Notary Badge cover is red, measuring 9.5 cm wide and 14.0 cm long (folded in half), consisting of a front cover page, a back cover page, and two inner pages:
a) Front cover page (page 1) at the very top has the phrase "SOCIALIST REPUBLIC OF VIETNAM", below is the National Emblem of the Socialist Republic of Vietnam, under the Emblem is the word "NOTARY BADGE", in the lower left corner are two gold-plated diagonal stripes (one small and one large) extending to the upper corner of the back cover page;
b) Pages 2 and 3 of the Card have floral patterns and the National Emblem of the Socialist Republic of Vietnam printed faintly as a background;
c) Page 2 at the very top center has the phrase "MINISTRY OF JUSTICE", below is the symbol of the judicial sector, followed by a 3x4 photograph of the Notary with a raised seal at the bottom right corner, below the photograph is the badge number;
d) Page 3 contains:
SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
NOTARY PUBLIC CARD
Surname, name
Relationship to Head of Household
Notary Public Office
Date of Issue of the Card
(Signed by the Minister of Justice and stamped).
d) Back cover page (page 4) extracts the content of Clause 1, Article 4 of Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government: "State agencies, political organizations, political-social organizations, social organizations, socio-professional organizations, economic organizations, people's armed forces within the scope of their functions and powers, and individuals are responsible for implementing the requests of Notaries in accordance with the law."
THE MINISTER OF JUSTICE
(Signed)
4. The uniform of Notaries is regulated by the Department of Justice of Ho Chi Minh City.
VI. IMPLEMENTATION
1. This Circular takes effect from November 16, 2009.
2. The provisions of this Circular also apply when piloting Notaries in other centrally governed cities and provinces.
3. During the implementation, if there are any difficulties, the civil enforcement agencies, courts, and Notary Offices shall promptly report to the Ministry of Justice for appropriate solutions./.
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关系图
↑ 依据及影响本文件的文件
依据 4
26/2008/QH12
Luật Thi hành án dân sự số 26/2008/QH12
已失效
24/2008/QH12
Luật Quốc tịch Việt Nam số 24/2008/QH12
生效中
61/2009/NĐ-CP
Nghị định số 61/2009/NĐ-CP Về tổ chức và hoạt động của Thừa phát lại thực hiện thí điểm tại thành phố Hồ Chí Minh
已失效
93/2008/NĐ-CP
Nghị định số 93/2008/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Tư pháp
已失效
03/2009/TT-BTP
Circular No. 03/2009/TT-BTP guiding the implementation of certain provisions of Government Decree No. 61/2009/NĐ-CP dated July 24, 2009 on the organization and operation of Notaries conducting pilot activities in Ho Chi Minh City.
Expired
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译本
本文件提供以下语言版本：
Tiếng Việt
Thông tư số 03/2009/TT-BTP Hướng dẫn thực hiện một số quy định của Nghị định số 61/2009/NĐ-CP ngày 24 tháng 7 năm 2009 của Chính phủ về tổ chức và hoạt động của Thừa phát lại thực hiện thí điểm tại thành phố Hồ Chí Minh
한국어
시행령 제 03/2009/TT-BTP는 정부가 2009년 7월 24일에 공포한 61/2009/NĐ-CP에 따른 재판관 실시 및 운영에 대한 지침을 제공한다. 이 지침은 호치민 시에서 재판관을 시범적으로 운영하는 사무실과 민사 집행기관 등 관련 기관을 대상으로 한다.
中文
通知2009年第3号关于试行民事执行员组织和活动的若干规定的指导，依据2009年7月24日第61/2009/NĐ-CP号政府法令在胡志明市试行民事执行员的组织和活动。