Circular No. 05/2020/TT-BTP detailing certain provisions and measures for implementing Decree No. 08/2020/NĐ-CP dated January 8, 2020 of the Government on the organization and operation of Notaries

CIRCULAR

Detailed provisions on certain articles and implementation measures

of Decree No. 08/2020/NĐ-CP dated January 8, 2020 of the Government

on the organization and operation of Notaries

Pursuant to Resolution No. 107/2015/QH13 dated November 26, 2015 of the National Assembly on implementing the Notary system;

Pursuant to Decree No. 08/2020/NĐ-CP dated January 8, 2020 of the Government on the organization and operation of Notaries;

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 Department of Judicial Support;

The Minister of Justice issues this Circular detailing certain provisions and implementation measures of Decree No. 08/2020/NĐ-CP dated January 8, 2020 of the Government on the organization and operation of Notaries.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates training and professional development for Notaries; annual professional development for Notaries; probation and examination of probation results for Notary practice; Notary uniforms; registration of notarized documents and databases of notarized documents; inspection of Notary organizations and operations; reporting systems, record-keeping, and forms in Notary organizations and operations.

Article 2. Applicability

This Circular applies to Notaries, Notary Offices, persons undergoing Notary practice probation, state management agencies for Notaries, and related individuals, agencies, and organizations.

Chapter II
TRAINING AND PROFESSIONAL DEVELOPMENT FOR NOTARIES,

ANNUAL PROFESSIONAL DEVELOPMENT FOR NOTARIES; PROBATION AND EXAMINATION OF PROBATION RESULTS

PRACTICE FOR NOTARIES; NOTARY UNIFORMS

Section 1
TRAINING AND PROFESSIONAL DEVELOPMENT FOR NOTARIES,

ANNUAL PROFESSIONAL DEVELOPMENT FOR NOTARIES

Article 3. Training and professional development for Notaries

1. The Academy of Judicial Science shall organize training and professional development for Notaries in accordance with Article 7 of Decree No. 08/2020/NĐ-CP dated January 8, 2020 of the Government on the organization and operation of Notaries (hereinafter referred to as Decree No. 08/2020/NĐ-CP).

2. The content of training and professional development for Notaries includes: knowledge of laws on Notaries, civil enforcement, litigation procedures, and related laws; professional ethics for Notaries; skills for Notary practice.

3. Based on the content of training and professional development for Notaries stipulated in Clause 2 of this Article, the Academy of Judicial Science shall take the lead and coordinate with the Bureau of Legal Assistance, the Civil Enforcement General Department, the Department of International Law, and relevant units to develop and submit to the Minister of Justice for promulgation the training and professional development program for Notaries.

Article 4. Recognition of equivalence for those trained as Notaries abroad

Those trained as Notaries abroad shall be recognized as equivalent in the following cases:

1. Holding a vocational training certificate issued by an educational institution abroad within the scope of application of an agreement on equivalence of certificates or mutual recognition of certificates or international treaties related to certificates that Vietnam has signed or acceded to;

2. Holding a vocational training certificate issued by an educational institution abroad where the Notary vocational training program has been recognized by the quality assurance agency of that country or authorized by the competent authority of that country to establish and issue certificates.

Article 5. Documents Proving Exemption from Notary Public Training

The documents proving exemption from notary public training as stipulated in Clause 2, Article 7 of Decree No. 08/2020/NĐ-CP include one of the following documents:

1. Decision on appointment as judge, prosecutor, enforcement officer, investigator, Judge Identification Card, Prosecutor Identification Card, Enforcement Officer Card, Investigator Certificate accompanied by documents proving at least five years of experience as judge, prosecutor, enforcement officer, or investigator;

2. Lawyer's license, Decision on appointment or reappointment as notary public, Lawyer's Card, Notary Public Card accompanied by documents proving at least five years of practice as lawyer or notary public;

3. Decision on appointment to the position of Professor or Associate Professor specializing in law; Doctor of Law degree, in cases where the Doctor of Law degree is issued by an educational institution abroad, it must be recognized according to the regulations of the Ministry of Education and Training;

4. Decision on appointment as Chief Examiner, Senior Examiner in the judiciary sector, Chief Inspector, Senior Inspector in the prosecution sector, Chief Examiner, Senior Examiner in the civil enforcement sector; Senior Inspector, Senior Specialist, Senior Researcher, Senior Lecturer in the field of law;

5. Other documents proving exemption from notary public training as prescribed by law.

Article 6. Annual Professional Training for Notary Publics

1. The minimum time for participating in annual professional training for notary publics (hereinafter referred to as professional training) is two working days per year (16 hours per year).

2. The content of professional training for notary publics includes one or more of the following issues: updating and supplementing knowledge of laws related to notary publics, civil enforcement, litigation procedures, and related laws; enhancing professional skills and ethics of notary publics; methods for resolving difficulties and obstacles during the practice of notary publics.

3. The Academy of Justice shall implement professional training for notary publics according to the content stipulated in Clause 2 of this Article and issue a certificate of completion of the obligation to participate in professional training for notary publics.

Based on the actual situation in the locality, the Department of Justice shall organize professional training for notary publics according to the content stipulated in Clause 2 of this Article and issue a certificate of completion of the obligation to participate in professional training for notary publics.

4. A notary public shall be recognized as having completed the obligation to participate in professional training if they have taught the profession of notary public at the Academy of Justice or have lectured in a professional training course organized by the agency or unit specified in Clause 3 of this Article, or have participated as a speaker in programs, seminars, or roundtable discussions on the contents stipulated in Clause 2 of this Article organized by the Bureau of Legal Assistance, Civil Enforcement General Department. The Academy of Justice, the Bureau of Legal Assistance, the Civil Enforcement General Department, and the Department of Justice shall issue a certificate to the notary public regarding their participation in teaching or speaking.

In cases where a notary public is not a speaker but participates in training programs, seminars, or roundtable discussions on the contents stipulated in Clause 2 of this Article organized by the Bureau of Legal Assistance, Civil Enforcement General Department, one day of participation counts as eight hours of professional training participation, and two or more days of participation count as completion of the obligation to participate in professional training. The Bureau of Legal Assistance, Civil Enforcement General Department shall issue a certificate to the notary public, specifying the number of days of participation.

5. Exemption from the obligation to participate in professional training applies to the following cases:

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

b) Notary publics undergoing long-term treatment at healthcare facilities for diseases listed in the category of long-term treatment according to the regulations of the Ministry of Health for three months or more, with a certificate from a health authority at the district level or equivalent.

Notary publics falling into any of the cases stipulated in points a and b of this clause shall submit proof documents to the Department of Justice where they are registered to practice.

Section 2
PROBATIONARY PRACTICE OF NOTARY PUBLICS

Article 7. Content of the Probationary Period for Notaries

The content of the probationary period for notaries includes:

1. Receiving and classifying requests to perform notarial tasks (hereinafter referred to as "requests"); checking the authenticity and legality of documents in the request file, and the civil capacity of the person making the request;

2. Acting in accordance with the Code of Professional Ethics for Notaries; explaining to the requester their rights, obligations, and legitimate interests, the legal significance and consequences of fulfilling the request, and reasons for refusing to fulfill the request;

3. Studying and proposing solutions for request files;

4. Skills in drafting notarial certificates and preparing documents within the authority of notaries;

5. Skills in serving documents, files, and materials;

6. Skills in verifying enforcement conditions;

7. Skills in organizing enforcement;

8. Arranging and categorizing completed files for archiving;

9. Other skills and tasks related to the professional activities of notaries as assigned by the supervising notary during the probationary period.

Article 8. Probationary Logbook, Report on Probationary Results; Inspection and Supervision of the Probationary Period

1. The probationer shall keep a logbook of the probationary period for notaries to record the tasks within the content of the probationary period that they undertake throughout the probationary period. The probationary logbook must be confirmed weekly by the supervising notary and confirmed by the Notary Office accepting the probation at the end of the probationary period.

2. Within fifteen days from the end of the probationary period, the probationer must submit the probationary logbook and report on probationary results to the Department of Justice where the probation was registered for review and recognition of completion of the probationary period. Within seven working days from the date of receipt of the probationary logbook and report on probationary results, the Department of Justice shall notify the probationer in writing whether the probationary period has been completed; if the probationary period is not recognized as completed, the Department of Justice shall notify the probationer in writing stating the reasons.

If the probationer submits the probationary logbook and report on probationary results outside the time limit stipulated herein without a valid reason, the Department of Justice will not recognize the completion of the probationary period and shall notify the probationer in writing stating the reasons.

The probationer has the right to appeal against the Department of Justice's decision not to recognize the completion of the probationary period.

3. The report on probationary results shall include the following main contents:

a) The number, content, legal basis, and results of resolving tasks assigned and guided by the supervising notary;

b) Legal knowledge, professional skills of notaries as prescribed in Article 7 of this Circular, and experience gained during the probationary period;

c) The performance of the probationer's rights and obligations;

d) Difficulties, obstacles, and proposals, recommendations (if any);

The report on probationary results must have comments from the supervising notary and confirmation from the Notary Office accepting the probation regarding the probationary process and its results.

4. The Department of Justice shall inspect and supervise the probationary period of the probationer, the guidance of the supervising notary, and the acceptance of probation by the Notary Office in accordance with this Circular and relevant laws.

In cases deemed necessary, the Ministry of Justice may request the Department of Justice to provide the probationary logbook, conduct verification itself, or request the Department of Justice to verify and clarify the probationary period of the probationer.

Article 9. Conditions for Accepting and Guiding Probationary Practice in the Profession of Notary Officer

1. The Notary Office accepting probationary practice must have a Notary Officer who meets the conditions to guide probationary practice as stipulated in Clause 2 of this Article.

2. A Notary Officer guiding probationary practice must have at least two years of experience in the profession of Notary Officer. If a Notary Officer is administratively sanctioned for violations in the practice of Notary Officer activities, they may not guide probationary practice until one year has passed since the completion of the administrative sanction decision. At the same time, one Notary Officer may not guide more than three people in probationary practice.

3. A Notary Officer shall refuse to guide probationary practice if they do not meet the conditions to guide probationary practice as stipulated in Clause 2 of this Article; if they fall under the cases specified in Points a and b of Clause 1 of Article 10 of this Circular; if they are temporarily suspended from practicing as a Notary Officer; or due to health reasons or other objective reasons.

A Notary Officer refusing to guide probationary practice as provided in this clause must notify in writing the Notary Office accepting probationary practice. The Notary Office accepting probationary practice shall assign another Notary Officer who meets the conditions to guide probationary practice; if the Notary Office does not have another Notary Officer meeting such conditions, it must notify in writing the Department of Justice. Within seven working days from the date of receipt of the notification from the Notary Office, the Department of Justice shall designate another Notary Office to accept probationary practice; if there is no Notary Office meeting the conditions to accept probationary practice, it must notify in writing with clear reasons to the probationary practitioner.

Article 10. Changing the Notary Officer Guiding Probationary Practice

1. The probationary practitioner may request to change the Notary Officer guiding probationary practice in the following cases:

a) The Notary Officer guiding probationary practice does not fully perform their responsibilities as stipulated in Article 14 of this Circular;

b) The Notary Officer currently guiding probationary practice is administratively sanctioned for violations in the practice of Notary Officer activities;

c) The Notary Officer guiding probationary practice is temporarily suspended from practicing as a Notary Officer; or has a decision to remove the Notary Officer position or revoke the Notary Officer Card;

d) The Notary Officer guiding probationary practice dies; or due to health reasons or other objective reasons cannot continue to guide probationary practice.

2. Within seven working days from the date of receipt of the request to change the Notary Officer guiding probationary practice, the Notary Office shall assign another Notary Officer who meets the conditions to continue guiding the probationary practitioner and notify in writing the Department of Justice.

If the Notary Office does not have another Notary Officer meeting the conditions to guide probationary practice, it must notify in writing the Department of Justice. Within seven working days from the date of receipt of the notification, the Department of Justice shall designate another Notary Office to accept the probationary practitioner; if there is no Notary Office meeting the conditions to accept probationary practice, it must notify in writing with clear reasons to the probationary practitioner.

3. Within five working days from the date the Notary Office accepting probationary practice temporarily suspends or terminates operations as stipulated in Articles 29 and 30 of Decree No. 08/2020/NĐ-CP, the probationary practitioner shall agree with another Notary Office to continue probationary practice and the Notary Office accepting probationary practice shall notify in writing the Department of Justice where its headquarters is located; if agreement cannot be reached, it shall submit a written request to the Department of Justice to designate another Notary Office to accept probationary practice. Within seven working days from the date of receipt of the written request, the Department of Justice shall designate another Notary Office to accept probationary practice; if there is no Notary Office meeting the conditions to accept probationary practice, it must notify in writing with clear reasons to the probationary practitioner.

Article 11. Changing the Place of Probation for Notary Practice

1. The change of place of probation for notary practice shall be carried out in the following cases:

a) The Notary Office accepting probation temporarily ceases operations, terminates operations as prescribed in Articles 29 and 30 of Decree No. 08/2020/NĐ-CP or no longer meets the conditions to accept probation as prescribed in Clause 1, Article 9 of this Circular;

b) A change in the notary guiding probation as prescribed in Article 10 of this Circular and the Notary Office does not have another notary meeting the conditions to guide probation;

c) The probationer changes their place of residence or work to another province or centrally governed city and wishes to change the place of probation.

2. The change of place of probation within the same province or centrally governed city shall be carried out in accordance with the provisions at point a, Clause 2, Article 8 of Decree No. 08/2020/NĐ-CP.

In the case of changing the place of probation to another province or centrally governed city, the probationer must register for probation in accordance with the provisions at Clause 1, Article 8 of Decree No. 08/2020/NĐ-CP. The registration dossier must include a training logbook, a report on the results of training with comments and confirmation of the training process at the Notary Office where they were previously trained, and a written notification from the Department of Justice where they previously registered for probation as prescribed in point b, Clause 2, Article 8 of Decree No. 08/2020/NĐ-CP.

3. When a probationer changes the place of probation, the total probation period will be calculated based on the cumulative time spent in probation at various Notary Offices. The probation period at each Notary Office must be at least two months, confirmed by the Notary Office accepting new probation, to be included in the total probation period.

Article 12. Suspension and Termination of Probation for Notary Practice

1. A person undergoing probation for notary practice may suspend probation in cases of legitimate reasons. A person who has completed six months of probation may suspend probation up to twice, each time not exceeding three months; a person who has completed three months of probation may suspend probation once, not exceeding three months. The suspension period is not counted towards the total probation period.

The probation period before suspension is included in the total probation period, except in cases of re-registering for probation as prescribed in Clause 3 of this Article.

Within three working days from receiving the written notice from the probationer regarding the suspension of probation and within three working days from the end of the suspension period, the Notary Office must notify the Department of Justice in writing about the suspension of probation.

2. The probationer terminates probation in the following cases:

a) Voluntarily terminating probation;

b) Being recruited as a civil servant, public official, officer, professional non-commissioned officer, worker, or defense employee in an agency or unit under the People's Army; officer, non-commissioned officer, technical officer, or non-commissioned officer in an agency or unit under the People's Public Security Force;

c) No longer residing in Vietnam;

d) Losing or being restricted in civil capacity; having difficulties in understanding and controlling behavior according to the Civil Code;

đ) Being pursued for criminal responsibility;

e) Being convicted and the judgment has become legally binding;

g) Being subject to administrative measures requiring compulsory drug rehabilitation or compulsory educational facilities according to laws on handling administrative violations;

h) Exceeding the number of suspensions allowed or failing to continue probation after the suspension period ends as prescribed in Clause 1 of this Article;

i) Being terminated from probation as prescribed in Clause 1, Article 16 of this Circular;

k) Belonging to the category prohibited from registering for notary practice as prescribed in Clause 6, Article 8 of Decree No. 08/2020/NĐ-CP but still undergoing probation.

The probation period before termination is not included in the total probation period.

3. A person who has terminated probation for notary practice may re-register for probation when they meet the conditions for registration as prescribed in Article 8 of Decree No. 08/2020/NĐ-CP and this Circular, and fall into one of the following categories:

a) The reasons for terminating probation as prescribed in points a, b, c, d, đ, and h, Clause 2 of this Article no longer exist;

b) Having fully served the sentence and been pardoned, except in cases of conviction for crimes related to property theft, fraud, deceit, national security offenses, serious crimes, very serious crimes, extremely serious crimes committed intentionally, including cases where pardon has already been granted;

c) Having fully served the administrative measure of compulsory drug rehabilitation or compulsory educational facility according to laws on handling administrative violations;

d) After one year from the date the decision to terminate probation as prescribed in Clause 1, Article 16 of this Circular becomes effective.

Re-registration for probation is carried out in accordance with the provisions at Clause 1, Article 8 of Decree No. 08/2020/NĐ-CP. The re-registration dossier includes the documents prescribed in Clause 1, Article 8 of Decree No. 08/2020/NĐ-CP and documents proving eligibility for re-registration.

Article 13. Rights and Obligations of the Trainee

1. Probationers have the following rights:

a) Agree on the signing of the labor contract with the Notary Public Office accepting the trainee;

b) Be guided by the Notary Public to learn about the training contents, the exercise of rights and fulfillment of obligations of the trainee;

c) Propose to change the Notary Public guiding the training and the training location in cases prescribed in Articles 10 and 11 of this Circular;

d) Register to participate in the examination of the training results for notarization practice according to the provisions of Article 9 of Decree No. 08/2020/NĐ-CP;

đ) Other rights agreed upon with the Notary Public Office accepting the trainee and as stipulated by law;

2. Probationers have the following obligations:

a) Comply with the provisions of the Civil Enforcement Law, Decree No. 08/2020/NĐ-CP, this Circular, and related laws;

b) Comply with internal regulations and rules of the Notary Public Office accepting the trainee;

c) Perform training tasks as specified in Article 7 of this Circular according to the assignment of the Notary Public guiding the training;

d) Ensure a minimum training time of four hours each working day;

đ) Bear responsibility before the Notary Public guiding the training and the Notary Public Office accepting the trainee regarding the results and progress of assigned training tasks;

e) Shall not sign on vi bằng, enforcement decisions, and other documents as a Notary Public;

g) Maintain a training logbook and report on the results of notarization practice training according to the provisions of Article 8 of this Circular;

h) Keep confidential information about the performance of their own work and related information obtained during the training period;

i) Other obligations agreed upon with the Notary Public Office accepting the trainee and as stipulated by law;

Article 14. Responsibilities of the Notary Public Guiding the Training

1. Guide the trainee on training contents as prescribed in Article 7 of this Circular;

2. Monitor and inspect the performance of tasks by the trainee, confirm the training logbook of the trainee under his guidance;

3. Provide comments on the training process of the trainee, specifying strengths, limitations in capacity, professional qualifications, vocational skills, professional techniques, conduct, and the exercise of rights and fulfillment of obligations of the trainee;

4. Be responsible for the results and progress of tasks performed by the trainee according to his assignments and guidance;

5. Timely report to the Notary Public Office on the failure of the trainee to fully fulfill their obligations, violations of this Circular and related laws during the training period for the Notary Public Office to consider and handle;

6. Refuse to guide training when falling within any of the cases prescribed in Clause 3, Article 9 of this Circular;

Article 15. Rights and Obligations of the Notary Public Office Accepting the Trainee

1. Assign a qualified Notary Public to guide the training and be responsible for such assignment;

2. Agree on the signing of the labor contract with the trainee; ensure the exercise of rights and fulfillment of obligations of the trainee, create favorable conditions for the trainee and the Notary Public guiding the training at the organization;

3. Examine and decide on the Notary Public's refusal to guide training, the trainee's request to change the Notary Public guiding the training; monitor and supervise the fulfillment of responsibilities by the Notary Public guiding the training; mediate disputes and conflicts between the Notary Public guiding the training and the trainee;

4. Manage the trainee during the training period at the organization; examine and handle violations against the trainee according to the provisions of Clause 1, Article 16 of this Circular, either independently or upon the proposal of the Notary Public guiding the training;

5. Report to the Department of Justice where the office is located on the acceptance and guidance of training at the organization according to the provisions of Clause 5, Article 39 of this Circular. The report shall include the following main contents:

a) Number of trainees;

b) Evaluation of the quality of training of the trainees;

c) Exercise of rights and fulfillment of obligations of the Notary Public Office, the trainee, and responsibilities of the Notary Public guiding the training as stipulated by this Circular;

d) Difficulties and obstacles encountered during the acceptance of training and proposals, recommendations (if any);

6. Other rights and obligations agreed upon with the trainee or as stipulated by law.

Article 16. Handling Violations in Relation to Probationary Practice as a Notary Officer

1. If a probationer violates the provisions of this Circular, has been reminded and requested to cease the violation by the Notary Office but continues to violate, the Notary Office shall propose the Department of Justice where the probationer registered for probation to issue a decision terminating the probationary practice as a Notary Officer.

2. If a Notary Officer or Notary Office violates the provisions of this Circular and relevant laws, they must bear one of the forms of handling prescribed in Article 69 of Decree No. 08/2020/NĐ-CP depending on the nature and extent of the violation.

Section 3
INSPECTION OF THE RESULTS OF PROBATIONARY PRACTICE AS A NOTARY OFFICER

Article 17. Content and Form of Inspection

1. The content of the examination includes:

a) Laws on Notary Officers and Professional Ethics Rules for Notary Officers;

b) Skills in practicing as a Notary Officer.

The first examination paper covers laws on Notary Officers and Professional Ethics Rules for Notary Officers.

The second examination paper covers skills in practicing as a Notary Officer.

Article 18. Organization of Inspection

1. The Ministry of Justice organizes the inspection of the results of probationary practice as a Notary Officer. Based on actual circumstances, the Ministry of Justice will plan the inspection time and notify the registration for participation in the inspection to the Departments of Justice, while publishing it on the Ministry of Justice's electronic portal.

Article 19. Examination Board

1. The Examination Board for the inspection of the results of probationary practice as a Notary Officer (hereinafter referred to as the Examination Board) shall be established by the Minister of Justice.

2. The composition of the Examination Board shall be determined by the Minister of Justice, including representatives from the Judicial Assistance Bureau, the Civil Enforcement General Department, the Academy of Justice, and reputable and experienced Notary Officers.

3. The Examination Board may use the seal of the Ministry of Justice to perform its tasks and powers as stipulated in this Circular.

Article 20. Tasks and Powers of the Examination Board

1. The Examination Board shall have the following tasks and powers:

a) Issuing the inspection plan; internal regulations of the examination period;

b) Establishing the Examination Board committees;

c) Determining the list of candidates eligible to participate in the examination period, the examination time and location, and notifying the Department of Justice where the candidates are participating in the examination, while publishing it on the Ministry of Justice's electronic portal at least 30 days before the examination date;

d) Organizing the examination, grading the examination, and re-examining the examination papers;

đ) Recognizing the results of the probationary practice inspection;

e) Revoking the results of the probationary practice inspection of candidates when there is evidence that such candidates fall under the cases prohibited from registering for probationary practice as a Notary Officer as stipulated in Clause 6, Article 8 of Decree No. 08/2020/NĐ-CP but still undergo probation, do not meet the conditions to participate in the examination period, or engage in fraudulent or other violations that alter the results of probationary practice or the results of the probationary practice inspection;

g) Resolving complaints and reports related to the examination period;

h) Reporting and being responsible to the Minister of Justice for organizing the examination and the results of the examination period;

i) Other tasks and powers as prescribed in this Circular.

2. The Minister of Justice decides to revoke the results of the probationary practice inspection of candidates falling under the case stipulated in point e, Clause 1 of this Article based on the proposal of the Director of the Judicial Assistance Bureau after the Examination Board has dissolved.

Article 21. Supervisory Board

1. The Minister of Justice decides to establish the Supervisory Board upon the proposal of the Director of the Legal Assistance Department. The Supervisory Board consists of the Head and from one to two members. Members of the Supervisory Board shall not concurrently be members of the Examination Council or its Committees.

2. Tasks and Authorities of the Supervisory Board:

a) To supervise the organization of examinations;

b) Detecting and recommending measures to handle violations of examination rules;

c) Recommending the Examination Council to take measures to ensure that the examination proceeds safely, seriously, and in accordance with the provisions of this Circular.

3. Content of supervision:

a) Supervising the implementation of examination regulations, the performance of tasks and powers of the Examination Council and its Committees;

b) Supervising the organization of the examination;

c) Supervising the implementation of the Examination Council's regulations and the handling of complaints and reports regarding examinations.

4. The Supervisory Board reports and is responsible to the Minister of Justice for its supervisory activities and results after each examination period.

Article 22. Grading the Examination

1. Each examination paper is graded independently by two members of the Grading Committee and given a score. The examination paper is scored on a scale of 100 points.

The score of the examination paper is the average of the scores given by the two graders. In case the scores given by the two graders differ by ten points or more, the Head of the Grading Committee will organize a third grading session for the candidate's examination paper; the score from this session is the official score of the examination paper.

2. A candidate must achieve at least fifty points in each examination paper to meet the requirements of the examination period.

3. Within fifteen days from the end of the grading process, the Examination Council will notify the examination results to the Department of Justice where the candidate participated in the examination, and simultaneously publish them on the Ministry of Justice's electronic portal.

Article 23. Re-examination of Examination Papers

1. Within fifteen days from the date the Examination Council announces the examination results, a candidate who disagrees with their examination result may submit a re-examination request to the Chairman of the Examination Council.

2. Within fifteen days from the end of the re-examination request submission period, the Chairman of the Examination Council will decide to establish a Re-examination Board. The Re-examination Board consists of the Head and at least two members. Members of the Grading Committee shall not be members of the Re-examination Board.

3. The re-grading process shall be carried out according to the provisions of Article 22 of this Circular. The re-examination result must be approved by the Chairman of the Examination Council and is considered the final result.

Article 24. Management of Examination Papers, Scoring Sheets, and Registration Files for Participation in Examinations

1. Examination papers must be sealed immediately after the examination ends; scoring sheets, marking slips, and related materials must be sealed at the end of each working day or immediately after the coding, marking, unsealing, matching, and scoring of examination papers.

2. Examination papers, scoring sheets, and registration files for participation in examinations must be retained for a period of two years from the date of the examination.

Article 25. Issuance and Revocation of Certificates of Examination Results for Notary Traineeship

1. Candidates meeting the requirements of the examination period will be issued a certificate of examination results for notary traineeship.

Candidates will have their certificates of examination results for notary traineeship revoked if their examination results are annulled according to point e, Clause 1, and Clause 2, Article 20 of this Circular.

2. The Minister of Justice authorizes the Director of the Legal Assistance Department to issue and revoke certificates of examination results for notary traineeship for cases stipulated in Clause 1 of this Article.

Section 4
NOTARY ATTIRE

Article 26. General provisions on the uniform of Notaries

1. The Notary uniform includes: Winter uniform, spring and summer uniform, soft hat, name badge, emblem, tie, belt, shoes, socks.

The details of the Notary uniform model are illustrated by images in Appendix IV issued together with this Circular.

2. The material of the Notary uniform must ensure aesthetics and elegance.

Article 27. Male Uniform

1. Winter jacket

a) Color: Black-blue fabric.

b) Material: Gabardine wool or equivalent.

c) Style: A double-breasted overcoat with two front panels each having four outside pockets (two chest pockets and two lower pockets), butterfly-shaped pocket flaps, and raised seams in the middle of the pockets; V-neck collar; one row of buttons on the chest, four plastic buttons matching the color of the coat; shoulder pads; straight sleeves without slits; square tails; back vent; full lining on the front body, short lining on the back body matching the main fabric color; all lapels, collars, cuffs, pockets, and sleeve ends are sewn with two lines of stitching.

2. Pants

a) Color: Pants match the winter coat color, suitable for all seasons of spring, summer, autumn, and winter.

b) Material: Same material as the winter coat.

c) Style: Tailored like men's suit pants with two side slit pockets; two diagonal front pockets, zipper closure matching the fabric color at the waistband, an internal button and a metal hook inside the waistband; six waist darts evenly distributed on both sides; one back pocket on the rear panel without a button flap.

3. Long-sleeved spring and summer coat

a) Color: White fabric.

b) Material: Pevi 7288 fabric or equivalent.

c) Style: Stand-up collar long-sleeved coat; stiff lapels; cuffs with pleats and two buttons to adjust sleeve width; one row of white plastic buttons; two outside breast pockets with butterfly-shaped flaps and raised seams in the middle; back yoke; hemmed bottom.

4. Short-Sleeved Spring-Summer Jacket

a) Color: White fabric.

b) Material: Pevi 7288 fabric or equivalent.

c) Style: Stand-up collar short-sleeved coat with a shirttail; stiff lapels; one row of white plastic buttons; two outside breast pockets with butterfly-shaped flaps and raised seams in the middle; back yoke; hemmed bottom.

Article 28. Female Uniform

1. Winter jacket

a) Color: Black-blue fabric.

b) Material: Gabardine wool or equivalent.

c) Style: Women's double-breasted overcoat with two outside pockets below, butterfly-shaped flaps, two vertical darts on the front and back panels; V-neck collar; one row of buttons on the chest, four plastic buttons matching the coat color; shoulder pads; straight sleeves without slits; square tails; back vent; full lining on the front body, short lining on the back body matching the main fabric color; all lapels, collars, cuffs, pockets, and sleeve ends are sewn with two lines of stitching.

2. Pants, Skirts

a) Color: Pants and skirts match the winter coat color, suitable for all seasons of spring, summer, autumn, and winter.

b) Material: Same material as the winter coat.

c) Style: Tailored like women's suit pants with hidden darts and two diagonal front pockets; zipper closure at the waistband with one hook and one button inside; six waist darts evenly distributed on both sides; one back pocket on the rear panel without a button flap; pencil skirt, knee-length, back slit, two front pockets.

3. Long-sleeved spring and summer coat

a) Color: White fabric.

b) Material: Pevi 7288 fabric or equivalent.

c) Style: Stand-up collar long-sleeved coat; stiff lapels; cuffs with pleats and two buttons to adjust sleeve width; one row of white plastic buttons; two outside breast pockets with butterfly-shaped flaps and raised seams in the middle; two darts from the hem up to the chest on the front panel, two darts from the hem up to the back chest on the back panel; hemmed bottom.

4. Short-Sleeved Spring-Summer Jacket

a) Color: White fabric.

b) Material: Pevi 7288 fabric or equivalent.

c) Style: Stand-up collar short-sleeved coat; stiff lapels; one row of white plastic buttons; two outside breast pockets with butterfly-shaped flaps and raised seams in the middle; two darts from the hem up to the chest on the front panel, two darts from the hem up to the back chest on the back panel; hemmed bottom.

Article 29. Other uniforms equipped for both male and female

1. The emblem shall be attached to the front of the hat and above the right sleeve of the autumn-winter and spring-summer shirts, with a size appropriate to the type of uniform it is attached to.

The emblem has an oval shape, its length from the top edge to the bottom edge is 06 cm, width 04 cm; red and white border, light blue background; the top edge is wavy like a bird's wing, the bottom edge is sharp, above the bottom edge there are 03 white and red curved lines and a yellow gear icon; in the middle, the smaller-sized emblem is repeated, with a red background, printed with the golden text "THỪA PHÁT LẠI"; there are 02 evenly placed golden ear icons on both sides.

2. The rectangular nameplate made of metal coated with glossy plastic; blue dragon background; length 08 cm, width 02 cm; outer border width 1.5 cm; from top to bottom, it is balanced with the Office of Notary Public name, below is the full name, and the last row indicates the position.

The nameplate shall be worn on the right chest when performing duties.

3. Black silk tie, Gabardine wool or equivalent material, with moderate length and width; pre-tied style, with zipper and automatic lock mechanism.

4. Male soft cap

a) Color: Black.

b) Material: Gabardine wool or equivalent.

c) Style: Following the Korean soft cap style, the brim is detachable, the crown is oval-shaped according to head measurement, each end of the brim has a 1.2 cm colored trim, with 02 covered buttons on both sides; each side of the cap has 03 air vents; the emblem is attached to the front; the inner lining matches the main fabric color.

5. Female soft cap

a) Color: Black.

b) Material: Gabardine wool or equivalent.

c) Style: The brim is integrated with the cap body, two-thirds of the back is folded up along the cap body, one-third of the front brim forms the style. The crown is oval-shaped according to head measurement, the cap height is 07 cm, on top of the cap, there is a light blue dragon pattern (similar to the cap color) measuring 03 cm high; the emblem is attached to the front; the inner lining matches the main fabric color.

6. Belt made of leather, black color, rectangular metallic buckle.

7. Shoes made of leather, black color, low-cut, lace-up (for men), slip-on (for women).

8. Socks made of knitted elastic material, white color.

Chapter III
VI BY

Article 30. Registration of vi bằng

1. The Office of Notary Public shall directly send or through postal service 01 set of vi bằng and supporting documents (if any) to the Department of Justice where the Office is located or update the vi bằng and supporting documents (if any) into the database on vi bằng. Within 02 working days from the date of receipt of the vi bằng or from the date the Office of Notary Public updates into the vi bằng database, the Department of Justice shall record in the vi bằng registration book or approve the updated content in the vi bằng database in accordance with Clause 4 of Article 39 of Decree No. 08/2020/ND-CP for monitoring and managing the establishment of vi bằng.

In case of discovering that the vi bằng or supporting documents violate the provisions of Decree No. 08/2020/ND-CP, the Department of Justice has the right to inspect, examine, and handle administrative violations in accordance with the law. The Notary Public and the Office of Notary Public are responsible before the person requesting the establishment of vi bằng and before the law regarding the content and form of the established vi bằng.

2. The Department of Justice may establish an electronic vi bằng registration book. At the end of the year, the Department of Justice shall print, bind into a book, perform closing procedures, and compile statistics on the total number of vi bằng registered in the book during that year.

Article 31. Database on Notarial Acts

1. The database on notarial acts must contain the following main information:

a) Name of the Notary Office; name and surname of the Notary Officer issuing the notarial act;

b) Name and address of the person requesting the issuance of the notarial act; name of other participants (if any);

c) Location and time of issuance of the notarial act; main content of the event or action recorded;

d) Time of updating and reviewing the updated content of the notarial act and supporting documents (if any) in the database;

đ) Electronic copy of the notarial act and supporting documents (if any);

e) Information about the notarial act and supporting documents that violate the provisions of Decree No. 08/2020/NĐ-CP and measures to handle and rectify (if any).

2. The Department of Justice shall establish the database on notarial acts and promulgate regulations on management and use of the database on notarial acts at the local level.

The database on notarial acts must ensure security, confidentiality, and convenience during management and use, and have the capability to connect with local Notary Offices.

Regulations on management and use of the database on notarial acts must clearly stipulate the responsibilities of relevant agencies, organizations, and individuals in management and use, and costs for management, operation, and use (if any).

Article 32. Provision of Information on Notarial Acts

In cases where the Notary Office voluntarily ceases operations or has its establishment permit revoked, the Department of Justice where the notarial acts are stored shall provide the notarial act files upon request of the competent authority to serve supervision, inspection, audit, investigation, prosecution, trial, and enforcement related to the issuance of notarial acts; provide information on notarial acts upon request of the person requesting the issuance of the notarial act, or persons with rights and obligations related to the issued notarial act.

Chapter IV
INSPECTION OF ORGANIZATION AND ACTIVITIES OF NOTARIES

Article 33. Tasks and Authorities of the Ministry of Justice and Provincial People's Committees in Inspecting Organization and Activities of Notaries

1. The Ministry of Justice and Provincial People's Committees (hereinafter referred to as Provincial People's Committee) shall carry out inspections of organization and activities of notaries within their respective jurisdictions.

2. The Legal Aid Agency assists the Minister of Justice in conducting inspections of organization and activities of notaries nationwide. Based on actual circumstances, the Legal Aid Agency develops plans for inspecting organization and activities of notaries, specifying the list of inspected entities, time, content of inspection, and notifies the inspected entities in writing at least 15 days before the inspection.

The Legal Aid Agency conducts surprise inspections upon request of the Minister of Justice or in cases where there are signs of violation of laws, handling complaints, and accusations.

3. Based on actual circumstances, the Department of Justice develops plans for inspecting organization and activities of notaries at the local level, specifying the list of inspected entities, time, content of inspection, and notifies the inspected entities in writing at least 15 days before the inspection.

The Department of Justice conducts surprise inspections upon request of the Provincial People's Committee, the Ministry of Justice, or in cases where there are signs of violation of laws, handling complaints, and accusations.

4. Within 15 days from the end date of the surprise inspection as prescribed in Clause 3 of this Article, the Department of Justice sends the inspection report to the Provincial People's Committee and the Ministry of Justice.

Article 34. Principles for inspecting the organization and activities of Notaries

1. Transparency, objectivity, and clarity; according to schedule, except in cases of surprise inspections.

2. Ensuring confidentiality in the practice of notary services in accordance with Decree No. 08/2020/NĐ-CP and related laws.

3. Adhering to other provisions of Decree No. 08/2020/NĐ-CP, this Circular, and related laws.

Article 35. Content of Inspection

1. For Notary Offices, the inspection focuses on the following main contents:

a) Implementation of legal regulations on registration of operations; registration of practice and issuance of Notary Cards;

b) Conducting professional activities as agreed upon and in accordance with legal regulations;

c) Periodic reports, extraordinary reports; establishment, management, use, and storage of books and documents in accordance with Decree No. 08/2020/NĐ-CP, this Circular, and related laws;

d) Compliance with legal regulations on labor, taxes, finance, accounting, statistics, and related laws;

đ) Implementation of other provisions of Decree No. 08/2020/NĐ-CP and this Circular.

2. For Departments of Justice of provinces and centrally-administered cities, the inspection focuses on the following main contents:

a) Implementation of legal regulations on issuance, reissuance, and revocation of registration certificates for Notary Offices; registration of practice and issuance of Notary Cards;

b) Periodic reports, extraordinary reports; establishment, management, use of ledgers, and storage of documents, files, and materials;

c) Implementation of other provisions of Decree No. 08/2020/NĐ-CP and this Circular.

Article 36. Duties and Authorities of the Inspection Team

1. The Inspection Team consists of the Team Leader and members. The Team Leader is the representative of the competent authority conducting the inspection as stipulated in Article 33 of this Circular. Members of the Inspection Team include representatives from relevant agencies and organizations involved in the inspection of the organization and activities of notaries.

2. The Team Leader has the following duties and authorities:

a) Organizing and directing the implementation of the inspection content and deadlines as recorded in the inspection decision;

b) Extending the inspection period if necessary;

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

d) Preparing inspection records, compiling inspection result reports, and being responsible for the accuracy, truthfulness, and objectivity of these records and reports;

đ) Imposing administrative penalties within their authority or recommending the competent authority to impose administrative penalties regarding the organization and activities of notaries.

3. Members of the Inspection Team perform tasks assigned by the Team Leader and have the responsibility to keep confidential information related to the inspected entity.

Article 37. Rights and Obligations of the Inspected Entity

1. The inspected entity has the following rights:

a) Requesting members of the Inspection Team and related agencies and organizations to maintain confidentiality of information during the inspection process in accordance with the law;

b) Receiving inspection records and requesting explanations of the content of the inspection records; reserving opinions in the inspection records;

c) Refusing to provide information, documents, files, and materials unrelated to the inspection content, except where otherwise provided by law;

d) Reporting violations of the law during the inspection process;

đ) Other rights as prescribed by law.

2. The inspected entity has the following obligations:

a) Complying with the inspection decisions of the competent state authority;

b) Providing timely, complete, and accurate information, documents, files, and materials related to the inspection content as required by the Inspection Team and bearing legal responsibility for the accuracy and truthfulness of the information, documents, files, and materials provided;

c) Signing the inspection record after the completion of the inspection;

d) Complying with the decisions of the Inspection Team;

đ) Other obligations as prescribed by law.

Article 38. Procedure and Formalities for Inspection

1. Announce the content and program of inspection when commencing the inspection of organization and activities of Notary Publics.

2. Compare, inspect, and evaluate the contents of reports and books, papers, files, and documents presented in accordance with the provisions of the law.

3. Prepare an inspection record on the organization and activities of Notary Publics after completing the inspection.

4. Handle according to authority or propose the competent authority to handle violations of the law in the organization and activities of Notary Publics (if any).

Chapter V
REPORTING SYSTEM; BOOKS AND FORMS

IN THE ORGANIZATION AND ACTIVITIES OF NOTARY PUBLICS

Article 39. Reporting on the Organization and Activities of Notary Publics

1. The Notary Public Office, Department of Justice shall report periodically or urgently as prescribed in Article 20 of Decree No. 08/2020/NĐ-CP.

2. The Department of Justice shall report to the Ministry of Justice after issuing, reissuing, suspending, or revoking the registration certificate for the operation of the Notary Public Office.

3. The People's Committee of the province shall report to the Ministry of Justice after approving the establishment, conversion, merger, acquisition, transfer, or termination of operations of the Notary Public Office as prescribed in point c, Clause 1, Article 68 of Decree No. 08/2020/NĐ-CP.

4. The report on the organization and activities of Notary Publics by the Department of Justice as stipulated in Clause 1 of this Article shall include the following main contents:

a) The situation of organization and activities of Notary Publics at the local level;

b) State management work regarding the organization and activities of Notary Publics;

c) Advantages, difficulties, and obstacles; proposals, recommendations, and solutions to improve the effectiveness and efficiency of state management over the organization and activities of Notary Publics (if any).

5. The report of the Notary Public Office as stipulated in Clause 1 of this Article shall include the following main contents:

a) Results of the organization and activities of the Notary Public Office;

b) Matters related to receiving and guiding probationers in the organization in accordance with Clause 5, Article 15 of this Circular;

c) Advantages, difficulties, and obstacles in organization and activities and proposals, recommendations (if any).

6. The six-month reporting period runs from October 1st of the previous year to March 31st of the following year. The annual reporting period runs from October 1st of the previous year to September 30th of the following year.

7. Reports shall be in the form of paper documents or electronic documents and shall be sent directly or through the postal system or via the email system or through specialized information software systems.

8. The deadline for periodic reports from the Notary Public Office is before the 5th day of the first month following the reporting period. The deadline for periodic reports from the Department of Justice is before the 10th day of the first month following the reporting period.

Article 40. Books for Recording the Establishment of Notarial Certificates and Notarial Certificate Numbers

1. The book for recording the establishment of notarial certificates is used to manage notarial certificates at the Notary Public Office. The book must be written continuously page by page without skipping pages and must be carried out annually. At the end of the year, the Notary Public Office shall close the book and compile the total number of notarial certificates established that year.

2. The notarial certificate number is the serial number recorded in the book for recording the establishment of notarial certificates, recorded annually, accompanied by the year of establishment and the symbol "VB". The serial number in the book for recording the establishment of notarial certificates is recorded continuously from number 01 to the last number of that year; if switching to another book before the end of the year, the next serial number of the preceding book must be taken.

The notarial certificate number is taken based on the date of completion of the establishment of the notarial certificate.

1. The Notary Office shall establish, manage, and use the types of registers specified in Appendix II attached to this Circular. Registers concerning archives, storage, accounting, finance, and other types of registers shall be implemented in accordance with relevant laws.

2. Registers must record the opening date as January 1st and the closing date as December 31st, stamped across the fold according to the provisions of the law. The establishment, recording, and closing of registers shall be carried out in accordance with the provisions of Article 40 of this Circular.

The Notary Office may establish electronic registers, with the opening date as January 1st and the closing date as December 31st. Monthly, the Notary Office must print, bind into volumes, and stamp across the fold according to the provisions of the law.

3. The establishment, management, and use of the types of registers prescribed in Clause 1 of this Article shall be carried out in accordance with the laws on Notaries, laws on archives, statistics, taxes, finance, and related laws.

Article 42. Attached forms

1. Forms regarding organization and operation (Appendix I);

2. Forms regarding registers (Appendix II);

3. Forms regarding business operations (Appendix III);

4. Notary uniform model (Appendix IV).

Chapter VI
IMPLEMENTING PROVISIONS

Article 43. Effective Date

1. This Circular takes effect from October 12, 2020.

2. Circular No. 12/2014/TT-BTP dated April 26, 2014, of the Minister of Justice on models; principles for using uniforms; principles for issuing and using Notary Cards becomes invalid from the date this Circular takes effect.

Article 44. Transitional Provisions

1. Notary Cards issued by the Ministry of Justice before the effective date of this Circular shall continue to be used. In cases where a Notary changes their place of practice, loses, damages the Card, or requests a replacement Card issued by the Ministry of Justice, the Notary Office shall request the Department of Justice to register the practice and issue the Notary Card for the Notary in accordance with Article 15 of Decree No. 08/2020/NĐ-CP. The Notary Card shall be issued based on the Card number of the Department of Justice. The decision to issue the Notary Card of the Department of Justice shall clearly state the recovery of the Notary Card issued by the Ministry of Justice previously.

2. Certificates of Notary Office operation issued before the effective date of this Circular shall continue to be used; in cases where there is a change in the content of the Certificate of Notary Office operation or the Certificate of Notary Office operation is lost or damaged, the People's Committee of the province or centrally administered city where the Notary Office is located shall consider issuing the Certificate of Notary Office operation according to Model TP-TPL-19 attached to this Circular.

3. Notary Offices established before the effective date of this Circular that change their office address or name shall have the People's Committee of the province or centrally administered city where the Notary Office is located consider issuing the Certificate of Notary Office operation according to Model TP-TPL-19 attached to this Circular. The change of office must comply with the criteria for establishing Notary Offices stipulated in Article 21 of Decree No. 08/2020/NĐ-CP.

Types of registers established, managed, and used before the effective date of this Circular shall continue to be used until the end of 2020. From January 1, 2021, the establishment, management, and use of registers shall be carried out in accordance with the provisions of this Circular.