Circular No. 05/2025/TT-BTP detailing certain provisions and measures for the implementation of the Notarization Law

Circular No. 05/2025/TT-BTP details certain provisions and measures for the implementation of the Notarization Law, including training for notaries, legal work experience, professional development, organization and activities of notarization, and inspection of notaries. The Circular takes effect from July 1, 2025.

Số hiệu05/2025/TT-BTP
Loại văn bảnCircular
Cơ quan ban hànhMinistry of Justice
Người kýMai Lương Khôi — Thứ trưởng
Cập nhật22/06/2026
NgànhJustice
Lĩnh vựcCivil Servants
Ngày ban hành15/05/2025
Ngày áp dụng01/07/2025
Ngày hết hiệu lực
Tình trạngIn effect
✦ Tóm lược thông minh

Circular No. 05/2025/TT-BTP details certain provisions and measures for the implementation of the Notarization Law, including training for notaries, legal work experience, professional development, organization and activities of notarization, and inspection of notaries. The Circular takes effect from July 1, 2025.

Đối tượng áp dụng

Notaries, consular officials, diplomatic officials are assigned to perform notarization, organizations practicing notarization, associations of notaries, state management agencies on notarization, and individuals, agencies, and organizations related thereto.

Các điểm cốt lõi

  • Notaries are trained at the Academy of Judicial Science according to the framework program that has been issued; those trained abroad are also recognized as equivalent.
  • The minimum period of legal work experience required is five years to participate in annual professional development in notarization.
  • Annual professional development in notarization must be at least sixteen hours per year, which may be waived if the notary participates in scientific research or teaching activities on notarization.
  • The notary's card is issued and managed according to regulations; in case of loss or damage, a request for replacement must be made.
  • Registers of notarization requests, registers of notarizations, and notarization numbers are established according to regulations to monitor notarization activities.

🌐 Tác động xã hội từ văn bản này

  • Positive impact: Enhance the quality of notary training; improve the effectiveness of professional development in notarization, helping notaries to update new legal knowledge.
  • Negative impact: May increase costs for notary practice organizations when implementing regulations on file management and record keeping.

❓ Câu hỏi thường gặp

How should notaries engage in professional development?

Notaries must participate in annual professional development for at least sixteen hours, which may be waived if the notary engages in scientific research or teaching activities on notarization.

What is the period of legal work experience required to fulfill the obligation of professional development?

The minimum period of legal work experience required is five years to participate in annual professional development in notarization.

What should a notary do if they lose their notary card?

In case of loss or damage of the notary card, the notary must request a replacement according to Article 16 of this Circular.

How are the registers of notarization requests and registers of notarizations established?

Registers of notarization requests and registers of notarizations are established annually, with the opening date being January 1 and the closing date being December 31 each year. The registers must be numbered, written continuously in sequence from number 01 to the end of the register.

For how long is the notary card valid?

Notary cards issued before the effective date of this Circular continue to be valid. If a notary changes their place of practice, the notary practice organization where they transfer to shall request issuance of the notary card for that notary according to Article 14 of this Circular.

Toàn văn

MINISTRY OF JUSTICE

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

Number: 05/2025/TT-BTP
Hanoi, May 15, 2025

CIRCULAR
DETAILING CERTAIN PROVISIONS AND MEASURES FOR IMPLEMENTATION OF THE NOTARIZATION LAW

Pursuant to the Notarization Law dated November 26, 2024;

Decree No. 104Government Decree No. 249/2025/NĐ-CP dated May 15, 2025 detailing certain provisions and measures for implementation of the Notarization Law The Minister of Justice issues this Circular detailing certain provisions and measures for implementation of the Notarization Law.;

Pursuant to Decree No. 39/2025/NĐ-CP dated February 26, 2025 of 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;

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 applies to notaries, consular officials, diplomatic officials assigned to perform notarization (hereinafter referred to as diplomatic officials), notary practice organizations, associations of notaries, state management agencies for notarization, and individuals, agencies, and organizations related thereto.

Article 2. Applicability

VOCATIONAL TRAINING FOR NOTARIES,

Chapter II
ANNUAL PROFESSIONAL TRAINING FOR NOTARIES
Article 3. Vocational training for notaries, framework training program for notary vocational training

1. The unit with the function of conducting notary vocational training as stipulated in Article 3 of Government Decree No. 104/2025/NĐ-CP dated May 15, 2025 detailing certain provisions and measures for implementation of the Notarization Law is the Judicial Academy under the Ministry of Justice.

2. The framework training program for notary vocational training includes: name of the program; duration of training; form of training; graduation certificate; training objectives; target audience; admission form; exit standards; content of the training program and other relevant contents.

3. The Judicial Academy takes the lead and coordinates with the Legal Assistance Department, the Vietnam Notary Association, and related agencies and organizations to develop and submit the framework training program for notary vocational training to the Minister of Justice for consideration and issuance.

4. The Director of the Judicial Academy is responsible for developing and issuing a detailed training program for notary vocational training that is consistent with the framework training program for notary vocational training issued by the Minister of Justice.

Article 4. Recognition of equivalence for persons trained in notary vocational training abroad

1. Persons trained in notary vocational training abroad shall be recognized as equivalent in the following cases:

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) Having a notary vocational training diploma issued by a notary vocational training institution abroad.

2. Persons falling within the scope prescribed in Clause 1 of this Article shall prepare one set of application documents for recognition of equivalence of foreign notary vocational training diplomas, to be submitted directly or through postal services or online via electronic environment to the Ministry of Justice.

The application package includes the following documents:

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

b) Notary vocational training diploma and results from abroad.

The documents specified in Point b Clause 2 of this Article must be original or certified copies or electronic copies legalized by consular authentication, except where exempted from consular legalization in accordance with the law, and translated into Vietnamese, with the Vietnamese translation being certified by the translator's signature.

3. Within twenty working days from the date of receipt of complete and valid applications, the Minister of Justice shall issue a decision recognizing equivalence for persons trained in notary vocational training abroad; in case of rejection, a written notification specifying the reasons must be provided.

Within twenty working days from the date of receiving complete and valid files, the Minister of Justice shall issue a decision recognizing equivalence for individuals trained in notarization abroad; in cases of refusal, a written notification specifying the reasons must be provided.

Article 5. Documents proving persons who have a period of vocational training for notarization of six months

1. Documents proving persons who have a period of vocational training for notarization of six months as prescribed in Clause 3, Article 11 of the Notarization Law shall be one or more of the following documents:

a) Decision on appointment, reappointment, certificate, or certification attached to documents proving having held a rank for at least five years from among the following positions: Judge, prosecutor, investigator, chief judicial examiner of the Court system, mid-level enforcement officer, chief judicial examiner of civil enforcement; chief inspector of the prosecution system; legal aid officer grade II; chief inspector of the judiciary; senior specialist, chief legal officer, chief researcher, chief lecturer in the field of law;

b) Decision on appointment as notary public and notary public card attached to documents proving having practiced as a notary public for at least five years;

c) Lawyer's practice certificate and lawyer's card attached to documents proving having practiced as a lawyer for at least five years;

d) Auctioneer's practice certificate attached to documents proving having practiced as an auctioneer for at least five years;

đ) Decision on appointment to the position of senior judicial examiner of the Court system; senior enforcement officer, senior judicial examiner of civil enforcement; senior inspector of the prosecution system; legal aid officer grade I; senior inspector of the judiciary; senior specialist, senior legal officer, senior researcher, senior lecturer in the field of law;

In case a Doctor of Laws degree is issued by an educational institution abroad, it must be recognized according to the regulations of the Ministry of Education and Training;

e) Decision on appointment to the position of senior judicial examiner of the Court system; senior enforcement officer, senior judicial examiner of civil enforcement; senior inspector of the prosecution system; legal aid officer grade I; senior inspector of the judiciary; senior specialist, senior legal officer, senior researcher, senior lecturer in the field of law;

g) Other lawful documents proving belonging to the category with a period of vocational training for notarization of six months as prescribed in Clause 3, Article 11 of the Notarization Law;

2. The documents prescribed in Clause 1 of this Article shall be original or certified copies or electronic copies.

Article 6. Period of legal work and documents proving the period of legal work

1. The period of legal work as prescribed in Clause 4, Article 10 of the Notarization Law is the time holding a position, practicing, or performing the following tasks:

a) Judge, prosecutor, investigator; judicial examiner of the Court system, court clerk; enforcement officer, judicial examiner, enforcement clerk of civil enforcement; inspector of the prosecution system; legal aid officer; inspector; detective, police officer; researcher, lecturer in the field of law;

b) Specialist and equivalent positions or higher at job positions requiring a bachelor's degree in law or higher in the following agencies: Judicial agency, internal affairs, internal security, legal department; civil enforcement agency; courts, prosecution, inspection, and audit agencies; legal departments in enterprises; judicial-civil registry officers at commune level;

c) Time practicing as a lawyer, auctioneer, bankruptcy trustee, notary public;

d) Time working in notarization, law, and auction businesses.

2. The period of legal work prescribed in Clause 1 of this Article is continuous or cumulative working time.

3. Documents proving the period of legal work as prescribed in Clause 4, Article 10 of the Notarization Law and Point b, Clause 1, Decree No. 104/2025/ND-CP are one or more of the following documents:

a) Decision on appointment, reappointment, recruitment, transfer, dispatch, employment contract, or labor contract attached to documents proving social insurance payment time corresponding to the legal work position appointed, recruited, or contracted for at least three years for persons falling under Point a, b, and d, Clause 1 of this Article;

b) Lawyer's practice certificate and lawyer's card; auctioneer's practice certificate; bankruptcy trustee's practice certificate; decision on appointment as notary public and notary public card for persons falling under Point c, Clause 1 of this Article;

Practice certificates or decisions specified herein must be accompanied by documents proving social insurance payment time for at least three years corresponding to the position they hold. In cases where business managers in the fields of law, auction, asset management, and notary public do not receive salaries or those receiving pension or social insurance benefits and monthly allowances are not subject to mandatory social insurance contributions, there is no need to submit documents proving social insurance payment time;

c) Other lawful documents proving the period of legal work.

The documents prescribed in this clause are original or certified copies or electronic copies.

Article 7. Content and form of vocational training

1. The content of annual notary vocational training (hereinafter referred to as vocational training) includes 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) Notary practice skills; information technology application skills in notarization activities; supplementary skills for notary practice activities;

d) Management, organization, and operation skills for notary practice organizations.

2. Vocational training shall be conducted in the form of direct or online training or a combination of both.

Article 8. Organization of vocational training implementation

1. Organizations implementing vocational training include:

a) Vietnam Notaries Association;

b) Notary Associations;

c) Judicial Academy.

2. Notaries may choose to participate in one or more vocational training courses organized by the organizations mentioned in Clause 1 of this Article.

Article 9. Time for participation in vocational training

1. The minimum time for participating in vocational training is two working days per year (16 hours per year) continuously or cumulatively within that year.

2. Notaries falling into any of the following cases shall not need to attend vocational training classes but will still be recognized as having fulfilled their obligation to participate in vocational training for that year:

a) Having published research papers on notary laws and related laws in domestic or foreign legal journals; writing or participating in writing books or textbooks on notarization that have been published;

b) Being a member of the Drafting Board, Drafting Team, or Editorial Team of legal regulatory documents on notarization or a member of the Review Committee for legal regulatory documents on notarization;

c) Participating in Ministry-level scientific research projects on notarization;

d) Teaching notarization at the Judicial Academy; lecturing at vocational training classes organized by the organizations specified in Clause 1 of Article 8 of this Circular;

đ) Participating in specialized professional training courses on notarization abroad;

e) Serving as a speaker in training programs, seminars, or roundtable discussions on the contents stipulated in Clause 1 of Article 7 of this Circular or seminars or roundtable discussions contributing to the drafting of legal regulatory documents on notarization organized by the Legal Aid Bureau, the Judicial Academy, the Department of Justice, or the Vietnam Notaries Association.

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) Notaries undergoing long-term treatment at healthcare facilities for diseases listed in the Ministry of Health's long-term treatment directory for three months or longer, with certification from authorized health authorities.

Notaries are responsible for submitting proof of belonging to one of the cases specified in points a and b of this clause to the Notary Association where they are members no later than December 15 each year. The Notary Association compiles a list of notaries exempted from fulfilling the obligation to participate in vocational training for that year and sends it to the Department of Justice no later than December 25 each year for publication on the Department of Justice’s website or the Department of Justice’s electronic portal (hereinafter referred to as the Department of Justice’s electronic portal).

Article 10. Documents Confirming the Fulfillment of the Obligation to Participate in Professional Training

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

a) A certificate of completion of professional training issued by the organization implementing such training as stipulated in Clause 1, Article 8 of this Circular;

b) Journals, books, textbooks that have been published according to the provisions at point a, Clause 2, Article 9 of this Circular;

c) Decision on the establishment of the Drafting Board, Drafting Team, Editing Team, or Legal Normative Document Review Board as stipulated at point b, Clause 2, Article 9 of this Circular;

d) Confirmation documents or other papers proving participation in activities as stipulated at points c, d, đ, and e, Clause 2, Article 9 of this Circular.

Confirmation documents or certification papers for the case stipulated at point đ, Clause 2, Article 9 of this Circular must be apostilled unless exempted from apostille under the law, translated into Vietnamese, and the Vietnamese translation must be certified by the translator's signature.

2. Notaries who fulfill the obligation to participate in professional training shall submit a copy of one of the documents specified in Clause 1 of this Article to their Notary Association before December 15 each year, except when participating in professional training classes organized by their own Notary Association. The Notary Association shall compile and send a list of members who have fulfilled the obligation to participate in professional training to the Department of Justice no later than December 25 each year.

The Department of Justice shall publish the list of notaries who have fulfilled the obligation to participate in professional training and the list of notaries exempted from fulfilling this obligation in the year on its electronic portal no later than December 31 each year.

Article 11. Responsibilities of Organizations Implementing Professional Training

1. The organizations implementing professional training as stipulated in Clause 1, Article 8 of this Circular shall have the following responsibilities:

a) To develop and publicize their annual professional training plan no later than the end of the first quarter of the year; if there is a change in the plan, it must be publicized no later than the end of the second quarter of the year;

b) To prepare the content, program, necessary conditions, and organize professional training classes according to the announced plan;

c) To issue certificates of completion of professional training to notaries meeting the requirements;

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

đ) To compile and post on the organization’s website (if available) a list of notaries who have participated in professional training at their 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 issue guidelines on the core content of professional training for each year to Notary Associations no later than the end of the first quarter each year;

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

d) To guide the collection, management, and use of costs for implementing professional training by Notary Associations.

Article 12. Handling Violations Against Notaries and Organizations Implementing Professional Training

1. A notary who violates the obligation to participate in professional training shall be subject to disciplinary action according to the regulations of the Vietnam Notary Association or administrative penalties according to the provisions of the law, depending on the nature and degree of violation.

2. An organization implementing professional training that violates the provisions of this Circular shall be handled according to the law, depending on the nature and degree of violation.

Chapter III
ORGANIZATION AND NOTARY ACTIVITIES

Article 13. Sample Notary Card

1. The notary card shall be implemented according to Model TP-CC-25 issued together with this Circular.

2. The Department of Justice prints the notary cards according to the model prescribed in Clause 1 of this Article to issue and reissue notary cards for practicing notaries at localities in accordance with the Notarization Law, Decree No. 104/2025/NĐ-CP, and this Circular.

Article 14. Issuance of Notary Cards

1. A notary office directly submits or through postal service or online via electronic environment one set of documents to the Department of Justice where the notary office is located to request issuance of a notary card for its notary after receiving the decision establishing the notary office or when the notary office supplements a notary.

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

a) Request for issuance of a notary card (Model TP-CC-05);

b) Decision appointing or reappointing a notary accompanied by two 2cm x 3cm photos of each notary (photos taken no more than six months before submitting the application);

c) Documents proving that the notary is a member of the local notary association.

The documents specified in Points b and c of this Clause are original or certified copies or electronic copies.

Within five working days from the date of receipt of complete and valid documents, the Department of Justice issues a decision and issues the notary card to the notary of the notary office; if rejected, it must notify in writing with clear reasons.

2. The issuance of notary cards for notaries of notary offices is carried out according to the provisions of Articles 20 and 21 of Decree No. 104/2025/NĐ-CP.

3. The Department of Justice updates information about the issuance of notary cards on the software managing notary activities of the Ministry of Justice, and simultaneously posts on the Department of Justice's electronic portal no later than the next working day of the decision-making date. The posted information includes the notary’s name, the name of the notary practice organization, the number of the notary card issuance decision, and the effective date of the decision.

Article 15. Revocation of Notary Cards

1. The notary card shall be revoked in cases stipulated in Clause 4 of Article 38 of the Notarization Law.

2. Within five working days from the date of receipt of the decision relieving the notary of duty, the Department of Justice where the notary card was issued shall issue a decision to revoke the notary card.

3. Within five working days from the date of receipt of the notification from the notary office regarding the notary no longer practicing at the notary office or from the date the decision to convert or dissolve the notary office becomes effective, the Department of Justice where the notary office is located shall issue a decision to revoke the notary card.

4. In case a notary no longer practices at a notary office, the revocation of the notary card shall be carried out according to the provisions of Article 21 of Decree No. 104/2025/NĐ-CP.

A notary office that terminates operations according to Point a and c of Clause 1 of Article 34 of the Notarization Law shall simultaneously request the Department of Justice to revoke the notary cards of notaries practicing at the notary office.

A notary office that terminates operations according to Point b of Clause 1 of Article 34 of the Notarization Law shall within five working days from the date the decision revoking the permit to establish the notary office becomes effective, the Department of Justice shall issue a decision to revoke the notary cards of notaries practicing at that notary office.

5. The Department of Justice sends the decision to revoke the notary card, updates information about the revocation of the notary card on the software managing notary activities of the Ministry of Justice, and simultaneously posts on the Department of Justice's electronic portal no later than the next working day of the decision-revocation date. The posted information includes the notary’s name, the name of the notary practice organization, the number of the notary card revocation decision, and the effective date of the decision.

6. The notary card ceases to be valid from the date the decision to revoke the card becomes effective. Within five working days from the date the decision to revoke the card becomes effective, the person whose notary card has been revoked is responsible for returning the notary card to the Department of Justice that issued the decision.

Article 16. Reissuing the Notary Public Card

1. A notary public who falls under the circumstances stipulated in Clause 3 of Article 38 of the Notarization Law, except for the cases specified in Clause 3 of this Article, shall prepare one set of application documents to request reissuance of the notary public card, which can be submitted directly, through postal service, or online via electronic environment to the Department of Justice where the notary public card was originally issued.

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

a) Application form for reissuance of the notary public card (Form TP-CC-08);

b) Two passport-sized photographs measuring 2cm x 3cm (taken no more than six months prior to the date of submission of the application);

c) The currently used notary public card (in case the card is damaged).

2. Within five working days from the date of receiving complete and valid application documents, the Department of Justice shall decide on reissuing the notary public card to the notary public; in case of refusal, a written notification must be provided with clear reasons stated.

3. In the event that the notary public office changes its name, the reissuance of the notary public card shall be carried out concurrently with the procedures for changing the registered activities of the notary public office as prescribed in Article 21 of Decree No. 104/2025/NĐ-CP.

4. The reissued notary public card shall retain the original card number.

Article 17. Documents Proving the Content of Requests to Change Registered Activities of the Notary Public Office

1. Documents proving the content of requests to change registered activities of the notary public office as prescribed in Point b, Clause 1 of Article 21 of Decree No. 104/2025/NĐ-CP include one or several of the following documents appropriate to the changed registered activities:

a) In the case of adding a notary public: Approval documents from the named notary publics accompanied by proof of having paid the agreed-upon capital contribution in the case of adding a named notary public; labor contracts in the case of adding a notary public working under a labor contract;

b) In the case of reducing the number of notary publics: Approval documents from the named notary publics and notifications about the termination of the status of named partners according to Point a, Clause 1 of the Notarization Law, or proof of the notary public ceasing to be a named partner in the cases stipulated in Points b, c, and d, Clause 1 of the Notarization Law, or decisions on relieving the notary public from their position or notifications about the termination of the labor contract with the notary public working under a labor contract;

c) In the case of changing the Director of the notary public office: Written agreements among the named partners regarding the change of the Director or other documents proving that the notary public office must change the Director; proof that the proposed new Director has been practicing notarization for at least two years;

d) In the case of changing the address of the main office of the notary public office: Proof of the new main office; written agreements among the named partners regarding the change of the main office address for the notary public office organized and operated as a partnership;

đ) In the case of changing the name of the notary public office: Written agreements among the named partners regarding the change of the name of the notary public office;

e) In the case of merging, consolidating, transferring part of the capital contribution, or selling the notary public office: Decision of the People's Committee of the province allowing the merger, consolidation, transfer of part of the capital contribution, or sale of the notary public office.

2. The reissued registration certificate shall retain the original number.

Article 18. Transfer of Notarized Documents' Files of Notary Offices Temporarily Ceasing Operations, Organizations Ceasing Professional Activities or Terminating Operations

1. The transfer of notarized documents' files of notary offices temporarily ceasing operations as stipulated in Clause 4, Article 32 of the Notarization Law shall be carried out according to the following provisions:

a) The Department of Justice where the notary office registers its activities shall designate one organization practicing notarial activities to accept the notarized documents' files based on the agreement between the notary office temporarily ceasing operations and that organization; if no agreement can be reached, the Department of Justice itself shall designate the organization practicing notarial activities to accept the notarized documents' files. The designation of the organization practicing notarial activities to accept the notarized documents' files and the person responsible for transferring the notarized documents' files shall be clearly recorded in the decision temporarily suspending operations of the notary office.

Information about the name and address of the organization practicing notarial activities accepting the notarized documents' files of the notary office temporarily ceasing operations shall be posted at the headquarters of the notary office temporarily ceasing operations, and simultaneously published on the Department of Justice's electronic portal for at least thirty days from the date the decision temporarily suspending operations of the notary office takes effect;

b) Within five working days from the date the decision temporarily suspending operations of the notary office takes effect, the Department of Justice shall take the lead and coordinate with the Notary Association, relevant agencies and organizations, the person responsible for transferring the notarized documents' files, and the organization practicing notarial activities designated to accept the notarized documents' files to unify the method of transferring the notarized documents' files and record it in a protocol signed by the agencies, organizations, and individuals specified herein;

c) When there is a request to correct technical errors in notarized documents, amend, supplement, terminate, revoke transactions, issue copies of notarized documents, or notarize mortgage contracts as stipulated in Clause 2, Article 56 of the Notarization Law, the person making the request shall contact the organization practicing notarial activities designated to accept the notarized documents' files. The organization practicing notarial activities designated and the notary office temporarily ceasing operations shall carry out the transfer of the notarized documents' files according to the unified method. The transfer must be recorded in a protocol signed by the parties involved in the transfer;

d) The organization practicing notarial activities receiving the transferred files shall be responsible for updating information related to the transferred files into the local notarization database from the date of receipt;

đ) Within five working days from the date the notary office completes the temporary suspension period, the notarized documents' files transferred according to points b and c of this clause shall be returned to that notary office. The return transfer shall also be recorded in a protocol according to the provisions of point b of this clause;

2. The transfer of notarized documents' files in cases where an organization practicing notarial activities is designated to accept the files of an organization practicing notarial activities being liquidated or terminating operations as stipulated in Clause 5, Article 68 of the Notarization Law shall be carried out according to the following provisions:

a) No later than thirty days from the date of the decision to liquidate the Notary Office or the decision to revoke the registration certificate of the Notary Office, the Department of Justice shall organize the transfer of notarized documents' files to the organization practicing notarial activities designated to accept the notarized documents' files. The transfer of notarized documents' files must involve the Notary Association and be recorded in a protocol, signed and stamped by representatives of the Department of Justice and the parties involved; if the party transferring the notarized documents' files does not sign, it shall be noted in the protocol;

b) In cases where the individual or organization responsible for transferring the notarized documents' files does not transfer them or cannot transfer them, the Department of Justice shall coordinate with relevant agencies at the locality to organize the transfer of notarized documents' files to the organization practicing notarial activities designated to accept the notarized documents' files. The transfer of notarized documents' files must be recorded in a protocol according to the provisions of point a of this clause;

c) The organization practicing notarial activities receiving the transferred files shall be responsible for updating information related to the transferred notarized documents' files into the local notarization database from the date of receipt.

Article 19. Testimony of Notaries

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

2. The model of testimony issued together with this Circular includes: General testimony of notaries applicable to transactions; testimony for power of attorney contracts when the principal and the agent cannot simultaneously appear at a notary practice organization; testimony for wills and documents amending, supplementing, replacing, or revoking wills; testimony for documents dividing inheritance; testimony for documents refusing to accept inheritance; testimony of notaries applicable to direct electronic notarization transactions; testimony of notaries applicable to online electronic notarization transactions.

3. When performing notarization, diplomatic officials apply similar models such as the General Testimony Model of Notaries Applicable to Transactions (Model TP-CC-26); the Testimony Model of Notaries for Power of Attorney Contracts when the Principal and the Agent Cannot Simultaneously Appear at a Notary Practice Organization (Model TP-CC-27); the Testimony Model of Notaries for Wills and Documents Amending, Supplementing, Replacing, or Revoking Wills (Model TP-CC-28); the Testimony Model of Notaries for Documents Dividing Inheritance (Model TP-CC-29); the Testimony Model of Notaries for Documents Refusing to Accept Inheritance (Model TP-CC-30); the Testimony Model of Notaries Applicable to Direct Electronic Notarization Transactions (Model TP-CC-31); the Testimony Model of Notaries Applicable to Online Electronic Notarization Transactions (Model TP-CC-32) and adjust information about the subject performing, the address of the headquarters of the diplomatic representative agency, the diplomatic representative agency of the Socialist Republic of Vietnam abroad (hereinafter referred to as the Diplomatic Representative Agency), fully record the name of the diplomatic official, the diplomatic official signs, clearly write their full name, stamp the Diplomatic Representative Agency, place of storage, and other relevant contents to be consistent with the activities of notarization and certification by diplomatic officials.

4. Based on the provisions of Clause 1 of Article 48, Article 50 of the Notarization Law, the models of testimony and instructions for recording testimony issued together with this Circular, notaries and diplomatic officials draft testimony suitable for each specific transaction.

Notaries and diplomatic officials shall not include in the testimony any content aimed at avoiding or reducing their own responsibilities or content violating laws or social morals.

Article 20. Request Notarization Book, Notarization Book, and Notarization Number

1. The request notarization book is established by the notary practice organization, the Diplomatic Representative Agency to monitor the receipt of notarization requests and the results of resolving those requests.

The notarization book is established by the notary practice organization, the Diplomatic Representative Agency to monitor and manage notarizations conducted at their respective organizations.

2. The request notarization book and the notarization book stipulated in Clause 1 of this Article are established annually, the opening date of the book is January 1, and the closing date is December 31 each year. The book must be numbered by page, written continuously from number 01 to the end of the book, without skipping any lines or pages, and must be stamped according to the legal regulations. At the end of the year, the notary practice organization must close the book and compile a total count of notarizations performed during the year; the head of the notary practice organization confirms, signs, writes their full name, and stamps the book.

In cases where the notary practice organization, the Diplomatic Representative Agency establishes the request notarization book and the notarization book in electronic file format, they must print and bind them into books monthly or quarterly depending on the volume of work of their organization, and stamp them according to legal regulations. The establishment, recording, and closing of the book are carried out according to the provisions of this clause.

3. The notarization number is the sequential number recorded in the notarization book, accompanied by the year of notarization and the abbreviation CCGD (standing for "transaction notarization"). The sequential number recorded in the notarization book must be recorded continuously from number 01 to the end of the year, without using numbers followed by letters or other characters; if a new book is used before the end of the year, the next sequential number from the previous book must be taken.

4. In cases of providing electronic notarization services, the notary practice organization, the Diplomatic Representative Agency establishes a separate electronic transaction notarization book. The book is established annually, the opening date of the book is January 1, and the closing date is December 31 each year. At the end of each month or quarter, the head of the notary practice organization confirms and digitally signs the book.

The electronic notarization number is the sequential number recorded in the electronic notarization book, accompanied by the year of notarization and the abbreviation CCGDĐT (standing for "electronic transaction notarization"). The sequential number recorded in the electronic notarization book must be recorded continuously from number 01 to the end of the year, without using numbers followed by letters or other characters.

Article 21. Establishment, management, and use of registers in notarization activities

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

a) Register of notarization requests (Model TP-CC-33); notarization transaction register (Model TP-CC-34); electronic notarization transaction register (Model TP-CC-35) (if providing electronic notarization services);

b) Register of certified copies; register of certified signatures; register of certified signatures of translators as prescribed by the law on certification;

c) Labor usage monitoring register (Model TP-CC-36); record-keeping register, accounting and financial registers, and other types of registers as prescribed by relevant laws.

2. Diplomatic mission agencies must establish, preserve, and store the following types of registers:

a) Register of notarization requests; notarization transaction register; electronic notarization transaction register (if providing electronic notarization services);

b) Register of certified copies; register of certified signatures; register of certified signatures of translators as prescribed by the law on certification.

Diplomatic mission agencies shall establish the registers specified in points a and b of this clause according to similar models as the notarization request register (Model TP-CC-33), notarization transaction register (Model TP-CC-34), electronic notarization transaction register (Model TP-CC-35) (if providing electronic notarization services) issued together with this Circular, the certification-related register models, and adjust information about subjects, locations, signatories, stamps of diplomatic mission agencies, and other related contents to be suitable for the notarization and certification activities of diplomatic mission agencies.

3. The establishment, preservation, and storage of the registers as prescribed in Clause 1 and Clause 2 of this Article shall be carried out in accordance with the provisions of the law on notarization, certification, labor, record-keeping, taxation, finance, and other relevant laws.

Article 22. Report on organization and notarization activities

1. The provincial People's Committee reports to the Ministry of Justice on the organization and notarization activities at the local level in the annual report on judicial work results sent to the Ministry of Justice.

2. The content of the report on the organization and notarization activities at the local level includes the following basic issues:

a) The situation of organization and notarization activities at the local level: Number of notaries and notary practice organizations; issuance, reissuance, and revocation of notary cards; establishment and operation of notary practice organizations; results of notary practice organizations' operations (total number of notarizations and certifications, notarization fees, service fees related to notarization, certification fees, and other costs);

b) Advantages, difficulties, and obstacles during the process of organizing and conducting notarization activities and proposals, recommendations (if any);

c) Evaluation of state management over the organization and notarization activities at the local level; proposals, recommendations, and solutions to enhance the effectiveness and efficiency of state management.

Article 23. Inspection of organization and notarization activities

1. The Department of Justice assists the provincial People's Committee in implementing inspections of organization and notarization activities at the local level. The Department of Justice conducts surprise inspections upon request of the provincial People's Committee, the Ministry of Justice, or when signs of law violations are detected, or complaints and denunciations are resolved.

The Legal Aid Agency assists the Minister of Justice in implementing inspections of organization and notarization activities nationwide. The Legal Aid Agency conducts surprise inspections upon request of the Minister of Justice or when signs of law violations are detected, or complaints and denunciations are resolved.

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 and requests for issuance, reissuance, and revocation of notary cards; handling of notarization requests; establishment, management, use, and storage of registers and related documents, files, and materials; compliance with reporting, labor, statistics, tax, finance, accounting, anti-money laundering regulations, and the performance of other rights and obligations of notary practice organizations and practicing notaries under 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 denunciations; disciplinary actions; compliance with reporting, finance, accounting, and statistical regulations, and the performance of other tasks and authorities of notary professional social organizations under the Notarization Law, guiding documents, the Vietnam Notary Association Charter, and relevant laws.

c) For the Department of Justice: Establishment of Notary Offices and Notary Offices; issuance, reissuance, and revocation of activity registration certificates for Notary Offices; issuance, reissuance, and revocation of notary cards; management of probationary notary practice; regular inspection and reporting work; establishment, management, and use of registers; management and operation of local notarization databases, and the performance of other tasks and authorities as prescribed by the Notarization Law, guiding documents, and relevant laws.

3. Inspection methods include: On-site inspection; indirect inspection through reports.

4. Inspection forms include:

a) Inspection according to a plan approved by the competent authority;

b) Surprise inspection when signs of law violations are detected in agencies, organizations, or individuals, or upon request for complaint resolution, recommendation, reflection, anti-corruption, or as assigned by the Minister of Justice or the competent authority.

5. The inspection period is the time the inspection team works directly with the inspected entity. Depending on the form, content, scope of the inspection and the conditions for ensuring such inspection, the person issuing the Inspection Decision determines the inspection period but it shall not exceed ten working days. In necessary cases, the Head of the Inspection Team reports to the person issuing the Inspection Decision to extend the inspection period but it shall not exceed ten working days.

6. 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) Handle within their authority and transfer to the competent authority or person with authority in cases where violations concerning organization and notarization activities are discovered;

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

7. The inspected entity has the following rights and obligations:

a) The inspected entity has the following rights: To request members of the Inspection Team and relevant agencies and organizations to keep confidential information during the inspection process in accordance with the law; to receive the inspection record and request an explanation of the content of the record; to reserve opinions in the inspection record; to refuse to provide information, documents, files, and materials unrelated to the inspection content, except where otherwise provided by law; to report acts of violating the law during the inspection process and other rights stipulated by law;

b) The inspected entity has the following obligations: To comply with the issued Inspection Decision; to timely, fully, and accurately provide information, documents, files, and materials related to the inspection content as required by the Inspection Team and to bear legal responsibility for the accuracy and honesty of the provided information, documents, files, and materials; to sign the inspection record after the inspection ends; to comply with the decisions of the Inspection Team and other obligations stipulated by law;

8. The procedure and process of inspection are carried out 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 violation records (if any) during the inspection; prepare the inspection record on organization and notarization activities after the inspection ends;

d) Issue the Inspection Conclusion;

đ) Handle within their authority or propose the competent authority to handle acts of violating the law in organization and notarization activities (if any);

9. The Ministry of Foreign Affairs decides on inspections concerning organization and notarization activities conducted by diplomatic officials abroad within its authority;

Chapter IV
IMPLEMENTING PROVISIONS

Article 24. Attached Forms

The following forms are attached to this Circular:

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

2. Application for Appointment of Notary Public (Form TP-CC-02).

3. Application for Removal of Notary Public (Form TP-CC-03).

4. Application for Reappointment of Notary Public (Form TP-CC-04).

5. Application for Issuance of Notary Public Card (Form TP-CC-05).

6. Application for Registration of Notary Office Activities and Request for Issuance of Notary Public Card (Form TP-CC-06).

7. Application for Change of Registered Information of Notary Office and Request for Issuance/Renewal/Revocation of Notary Public Card (Form TP-CC-07).

8. Application for Renewal of Notary Public Card (Form TP-CC-08).

9. Application for Establishment of Notary Office (Form TP-CC-09).

10. Application for Registration of Notary Office Merger Activities and Request for Issuance of Notary Public Card (Form TP-CC-10).

11. Application for Change of Registered Information of Notary Office that has been merged and Request for Issuance/Renewal/Revocation of Notary Public Card (Form TP-CC-11).

12. Application for Change of Registered Information of Notary Office that has transferred capital contribution and Request for Issuance/Renewal/Revocation of Notary Public Card (Form TP-CC-12).

13. Application for Change of Registered Information of Notary Office that has been sold and Request for Issuance/Renewal/Revocation of Notary Public Card (Form TP-CC-13).

14. Certificate of Completion of Notary Practice Training (Form TP-CC-14).

15. Decision on Issuance or Renewal of Notary Public Card (Form TP-CC-15).

16. Decision on Revocation of Notary Public Card (Form TP-CC-16).

17. Decision on Permission to Convert Notary Office into Notary Office (Form TP-CC-17).

18. Decision on Permission to Establish Notary Office (Form TP-CC-18).

19. Decision on Permission to Merge Notary Offices (Form TP-CC-19).

20. Decision on Permission to Absorb Notary Offices (Form TP-CC-20).

21. Decision on Permission to Transfer All Capital Contributions of All General Partners of Notary Office (Form TP-CC-21).

22. Decision on Permission to Sell Notary Office Organized and Operated as a Private Enterprise (Form TP-CC-22).

23. Registration of Notary Office Activities (Form TP-CC-23).

24. Sample Signage of Notary Practice Organization (Form TP-CC-24).

25. Sample Notary Public Card (Form TP-CC-25).

26. Sample Notary Public Affidavit Commonly Applied to Transactions (Form TP-CC-26).

27. Sample Notary Public Affidavit for Power of Attorney Contract in Cases Where the Principal and the Agent Cannot Simultaneously Attend a Notary Practice Organization (Form TP-CC-27).

28. Sample Notary Public Affidavit for Will and Documents Amending, Supplementing, Replacing, or Revoking Will (Form TP-CC-28).

29. Sample Notary Public Affidavit for Distribution of Estate Document (Form TP-CC-29).

30. Sample Notary Public Affidavit for Refusal to Accept Estate Document (Form TP-CC-30).

31. Sample Notary Public Affidavit Applied to Direct Electronic Notarization Transaction (Form TP-CC-31).

32. Template for Notary Public's Testimony applicable to online electronic notarization transactions (Template TP-CC-32).

33. Register of Notarization Requests (Template TP-CC-33).

34. Register of Notarized Transactions (Template TP-CC-34).

35. Register of Notarized Electronic Transactions (Template TP-CC-35).

36. Register for Monitoring Labor Usage (Template TP-CC-36).

Article 25. Responsibilities for Exploiting and Using Information in the National Population Database

1. Authorities with jurisdiction, civil servants, officials, and individuals assigned to receive and process administrative procedures shall be responsible for exploiting and using information in the National Population Database to process administrative procedures.

2. The exploitation and use of information in the National Population Database shall be carried out as follows:

a) In cases where applications are submitted online: the information extracted from the National Population Database shall automatically fill in the forms, and the person processing the administrative procedure does not need to declare it. If the information is not automatically filled in the form, the person processing the administrative procedure shall fully declare it.

b) In cases where paper applications are submitted (directly or through postal services): the person processing the administrative procedure shall fully declare in the form.

3. The information subject to exploitation and use under Clause 1 of this Article includes: Gender; nationality; place of permanent residence; place of temporary residence; current place of residence.

Article 26. Effective date

Article 32. Responsibilities of Agencies

2. Circular No. 01/2021/TT-BTP dated February 3, 2021, issued by the Minister of Justice detailing certain provisions and implementing measures of the Notarization Law; Article 3 of Circular No. 03/2024/TT-BTP dated May 15, 2024, issued by the Minister of Justice amending and supplementing eight circulars related to administrative procedures in the field of judicial assistance shall cease to be effective from the date this Circular takes effect, except for the cases stipulated in Clause 29, Article 30 of Circular No. 01/2021/TT-BTP and Points l, m of Clause 3 of Circular No. 03/2024/TT-BTP.

Article 27. Transitional Provisions

1. Notary Public cards issued before the effective date of this Circular shall continue to be valid for use.

In cases where a Notary Public changes their place of practice, the practicing organization at the new location shall request issuance of a card for that Notary Public according to the provisions of Article 14 of this Circular; if a Notary Public does not change their practicing organization but loses or damages their card, or if the Notary Office changes its name, the Notary Public shall request reissuance of the card according to the provisions of Article 16 of this Circular. Issuance and reissuance of Notary Public cards shall be carried out according to the provisions of this Circular.

The decision on issuing or reissuing a Notary Public card by the Department of Justice must clearly state the revocation of the previously issued Notary Public card. The Notary Public must submit the previously issued Notary Public card to the Department of Justice; in cases where the card has been lost, a written report must be submitted to the Department of Justice.

2. Registers of notarized transactions and registers for monitoring labor usage established before the effective date of this Circular shall continue to be used until the end of 2025, except in cases where the practicing organization wishes to establish registers according to this Circular.

3. Certificates of operation of Notary Offices issued before the effective date of this Circular shall continue to be valid. Reissuance of certificates of operation for Notary Offices which were issued before the effective date of this Circular shall be carried out according to the provisions of this Circular./.,

DEPUTY MINISTER
DEPUTY MINISTER
(Signed)
Mai Lương Khôi

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05/2025/TT-BTP
Circular No. 05/2025/TT-BTP detailing certain provisions and measures for the implementation of the Notarization Law
In effect

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