Circular No. 06/2015/TT-BTP details and guides the implementation of certain provisions of the Notarization Law, including procedures for nominating notaries, registering to practice, issuing Notary Cards; training in notarial practice, organization and activities of notarization. This Circular applies to notaries, organizations practicing notarization, state management agencies on notarization, and related individuals and organizations.
Đối tượng áp dụng
notaries, organizations practicing notarization, social-professional organizations of notaries, state management agencies on notarization, and individuals, agencies, and organizations related to notarization.
Các điểm cốt lõi
- A notary applying for nomination must submit their application directly or through postal service to the Department of Justice where they have registered for notarial practice training.
- An organization practicing notarization must submit applications for registration to practice and issuance of Notary Cards for its notaries at the Department of Justice where the organization has registered its operations.
- Within ten working days, the Department of Justice will record the name of the person registered to practice in the List of Notaries and issue a Notary Card.
- Within fifteen days from the date the Minister of Justice decides to relieve a notary of their duties, the Department of Justice will revoke the Notary Card.
- Notaries must participate in annual continuing education in notarial practice for a minimum of three working days per year (twenty-four hours per year) at one of the organizations providing such training.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Ensuring the quality and competence of notaries through training and continuing education.
- Negative impact: The time and cost associated with registering to practice and obtaining a Notary Card may pose difficulties for some individuals.
❓ Câu hỏi thường gặp
What must a notary do to be nominated?
A notary must submit their application directly or through postal service to the Department of Justice where they have registered for notarial practice training, along with documents proving that they are exempt from notarial practice training.
What must an organization practicing notarization do to register to practice?
An organization practicing notarization must submit its application directly or through postal service to the Department of Justice where it has registered its operations, including documents such as the Application for Registration to Practice and Issuance of Notary Cards for notaries.
How long does it take for the Department of Justice to issue a Notary Card?
Within ten working days from the date of receipt of complete and valid applications, the Department of Justice will record the name of the person registered to practice in the List of Notaries and issue a Notary Card.
How will a notary who fails to comply with the obligation to participate in annual continuing education in notarial practice be dealt with?
A notary who fails to comply with the obligation to participate in annual continuing education in notarial practice will be dealt with according to the Bylaws of the Vietnam Notary Association, depending on the nature and degree of violation.
For how long is a Notary Card valid?
A Notary Card ceases to be valid from the date the Department of Justice issues a decision to revoke the Card. Notaries need to apply for reissuance of the Card when it is damaged or if there is a change in place of practice.
Toàn văn
CIRCULAR
(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. Details and guidance on implementing certain provisions of the Notarization Law
_______________________
Based on the Notarization Law number 53/2014/QH13 dated June 20, 2014;
Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 29/2015/NĐ-CP dated March 15, 2015 of the Government detailing and guiding the implementation of certain provisions of the Notarization Law;
At the proposal of the Director of the Legal Aid Department, Ministry of Justice,
The Minister of Justice issues this Circular detailing and guiding the implementation of certain provisions of the Notarization Law.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates procedures for nominating notaries, registering notary practice, issuing Notary Cards; training in notary practice, notary practice courses, annual notary practice refresher courses; organization and operation of notarization; some forms of documents in notarization activities.
Article 2. Applicability
This Circular applies to notaries, organizations practicing notarization, associations of notaries, state management agencies for notarization, and related individuals, agencies, and organizations.
Chapter II
PROCEDURES FOR NOMINATING NOTARIES, REGISTERING NOTARY PRACTICE, AND ISSUING NOTARY CARDS
Article 3. Procedures for nominating notaries
1. A person nominating a notary under Clause 1, Article 12 of the Notarization Law shall submit directly or send through the postal system one set of application documents to the Department of Justice where they have registered for notary practice training.
2. Documents proving that the person is exempt from notary practice training under Clause 1, Article 10 of the Notarization Law include one of the following:
a) Decision appointing judge, prosecutor, investigator or Judge Identification Card, Prosecutor Identification Card, Investigator Certificate accompanied by documents proving at least five years of experience as a judge, prosecutor, or investigator;
b) Decision conferring Professor or Associate Professor title in law; Doctor of Law degree;
c) Decision appointing Senior Court Appraiser, Senior Prosecution Inspector, Senior Specialist, Senior Researcher, Senior Lecturer in the field of law;
d) Confirmation letter from the Bar Association's Board Chair regarding the period of practicing as a lawyer;
đ) Other documents proving that the person is exempt from notary practice training as prescribed by law.
The documents specified in this clause must be certified copies or photographs with original documents for verification.
3. The person nominating a notary is responsible for the accuracy and authenticity of the submitted documents and information in the nomination application. In case of necessity, the Department of Justice, Ministry of Justice will verify the accuracy and authenticity of the provided documents and information in the application.
Article 4. Registration for Practice and Issuance of Notary Cards
1. An organization practicing notarization shall submit directly or send through the postal system one set of registration documents and Notary Card issuance applications for its notaries to the Department of Justice where the organization has registered its operations.
a) Application for recognition of equivalence of notary vocational training (Form TP-CC-01);
a) Application for registration for practice and issuance of Notary Cards;
b) Appointment decision of the notary being registered for practice and issuance of Notary Cards (certified copy or photograph with original for verification);
c) One 2cm x 3cm portrait photograph of each notary being registered for practice and issuance of Notary Cards (photograph taken no more than six months prior to submission);
d) Membership Card or other documents proving that the notary is a member of the Notary Association (in places where such associations exist);
đ) Documents proving the place of residence of the notary in the province or centrally-administered city where the organization practicing notarization has its headquarters;
e) Documents proving cessation of practice for those currently practicing as lawyers, auctioneers, judicial scriveners, or other regular occupations.
2. Within ten working days from the date of receiving complete and valid application documents as stipulated in Clause 1 of this Article, the Department of Justice shall record the name of the person registered for practice in the List of Practicing Notaries in the locality (hereinafter referred to as the List of Notaries) and issue Notary Cards; if rejected, it must notify in writing and specify the reasons.
Within five working days from the date of recording the name of the person registered for practice in the List of Notaries, the Department of Justice must publish this List on its official website, and simultaneously send it to the Ministry of Justice for centralized tracking.
3. A notary may only sign notarized documents after receiving a Notary Card from the Department of Justice.
The Notary Card template is issued by the Ministry of Justice.
Article 5. Revocation of Notary Public Card
1. Within fifteen days from the date the Minister of Justice decides to relieve a notary public of their duties pursuant to Clause 4, Article 15 of the Notarization Law, or within seven working days from the date of receipt of notification from the notary practice organization pursuant to Clause 3, Article 35 of the Notarization Law, the Department of Justice where the notary public has registered for practice shall cancel the registration, issue a decision to revoke the Notary Public Card, and send this decision to the person whose card is being revoked, the notary practice organization where they work, and the Ministry of Justice, while simultaneously publishing information about the revocation on the Department of Justice's electronic portal.
2. The Notary Public Card ceases to be valid from the date the Department of Justice issues the decision to revoke the card.
Article 6. Reissuing the Notary Public Card
1. A notary public requesting reissue of the Notary Public Card pursuant to Clause 2, Article 36 of the Notarization Law shall submit directly or send through the postal system one set of application documents to the Department of Justice where they have registered for practice.
a) Application for recognition of equivalence of notary vocational training (Form TP-CC-01);
a) Application for reissue of the Notary Public Card;
b) One passport-sized photograph measuring 2 cm x 3 cm (taken no more than six months prior to submission).
c) The Notary Public Card currently in use (in cases where the card is damaged).
2. Within five working days from the date of receipt of complete and valid application documents, the Department of Justice shall reissue the Notary Public Card to the notary public; if the request is denied, a written notice must be issued stating the reasons.
3. The reissued Notary Public Card retains the same number as the previously issued card.
Chapter III
TRAINING AND CONTINUING EDUCATION FOR NOTARY PUBLIC PRACTICE,
ANNUAL PROFESSIONAL TRAINING FOR NOTARIES
Section 1
Article 7. Training institutions for notarization profession, framework training program for notarization profession
1. The training institution for the notarization profession as stipulated in Article 9 of the Notarization Law is the Judicial Academy under the Ministry of Justice.
1. The training institution for notary public practice as stipulated in Article 9 of the Notarization Law is the Judicial Academy under the Ministry of Justice.
2. The framework training program for notary public practice shall be developed by the Judicial Academy in collaboration with the Bureau of Legal Assistance, and submitted to the Minister of Justice for promulgation.
a) Hold a vocational training certificate for the notarization profession issued by a training institution in a foreign country within the scope of application of an agreement on equivalence of certificates or mutual recognition of certificates or an international treaty related to certificates that Vietnam is a member of;
a) Having a notary vocational training certificate equivalent issued by an educational institution abroad in accordance with the relevant international treaty to which Vietnam is a party;
a) Hold a vocational training certificate issued by an overseas training institution within the scope of application of an agreement on equivalence of certificates or mutual recognition of certificates, or an international treaty related to certificates that Vietnam has signed or joined;
b) Hold a vocational training certificate issued by an overseas training institution where the notary public 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.
2. The certificate specified in point a, Clause 1 of this Article shall be recognized according to the provisions of the agreement on equivalence of certificates or mutual recognition of certificates, or an international treaty related to certificates that Vietnam has signed or joined. The holder of such a certificate does not need to go through the equivalent recognition procedure as prescribed in this Circular.
3. The holder of a certificate specified in point b, Clause 1 of this Article who requests recognition of equivalence of overseas notary public vocational training shall submit directly or send through the postal system one set of application documents to the Ministry of Justice.
a) Application for recognition of equivalence of notary vocational training (Form TP-CC-01);
a) Application for recognition of equivalence of overseas notary public vocational training;
b) A certified or authenticated translation of the vocational training certificate specified in Clause 1 of this Article.
Within thirty days from the date of receipt of complete and valid application documents, the Minister of Justice shall issue a decision recognizing equivalence for those trained in notary public practice abroad; if the request is denied, a written notice must be issued stating the reasons.
Section 2
CONTINUING EDUCATION PROGRAM FOR NOTARY PUBLIC PRACTICE
1. Persons exempted from notarization profession training in accordance with Clause 1 of Article 10 of the Notarization Law shall submit directly or send through the postal system one set of registration documents for participation in notarization skills enhancement courses to the Judicial Academy. The documents include the following papers:
1. A person exempted from notary public vocational training pursuant to Clause 1, Article 10 of the Notarization Law shall submit directly or send through the postal system one set of application documents to register for participation in the continuing education program to the Judicial Academy.
a) Application for recognition of equivalence of notary vocational training (Form TP-CC-01);
a) Application for participation in the continuing education program for notary public practice;
b) Documents proving that the person is exempted from notary public vocational training as stipulated in Article 3 of this Circular (certified copy or photocopy with original for verification).
2. The Judicial Academy shall accept the application documents and notify the list of eligible participants at least thirty days before the commencement date; if the application is denied, a written notice must be issued stating the reasons.
Article 10. Contents of Notary Profession Training
1. Professional skills in notary public practice, including receiving and examining notarization request files, verifying personal identity, determining civil capacity of the notarization requestor, and other professional skills within the authority of a notary public.
2. Knowledge of laws related to notary public practice, including regulations on notarization and other relevant laws.
3. Ethical rules for notary practice.
4. Management skills for notary public organizations and activities.
Article 11. Responsibilities of the Academy of Judicial Science
1. To take the lead and coordinate with the Department of Legal Assistance in drafting and submitting to the Minister of Justice for issuance the notary profession training program.
2. Organize at least one continuing education program each year.
3. Issue a Certificate of Completion for the Continuing Education Program for Notary Public Practice.
Section 3
ANNUAL PROFESSIONAL TRAINING FOR NOTARIES
Article 12. Obligation to Participate in Annual Notarial Practice Training
1. Practicing notaries must participate in annual notarial practice training at one of the organizations implementing such training as prescribed in Article 13 of this Circular.
2. The minimum time for participating in annual notarial practice training is three working days per year (24 hours per year).
Article 13. Organizations Implementing Annual Notarial Practice Training
1. The Association of Notaries; in cases where the local area has not established an Association of Notaries, the Department of Justice shall implement the training.
2. The Academy of Justice.
Article 14. Content of Annual Notarial Practice Training
1. Updating and supplementing knowledge of laws on notarization and other relevant legal provisions.
2. Enhancing and improving skills in practicing notarization; methods for resolving issues encountered during the practice of notarization.
Article 15. Exemption from the Obligation to Participate in Annual Notarial Practice Training
A notary may be exempted from the obligation to participate in annual notarial practice training if they have participated in teaching at the Academy of Justice, teaching in an annual notarial practice training class, or participating in an overseas notary profession training course in that year.
Article 16. Responsibilities of Organizations Implementing Annual Notarial Practice Training 1. Developing the content, program, and plan for training.
The Legal Aid Bureau shall take the lead and coordinate with the Academy of Justice to guide the core content of annual notarial practice training.
2. Organizing training in accordance with the content, program, and plan developed.
3. Preparing a list of notaries who have completed annual notarial practice training and sending it to the Department of Justice where the notary registered their practice to post on the Department's electronic information portal, while also sending it to the Ministry of Justice for general oversight.
Article 17. Handling Violations of the Obligation to Participate in Annual Notarial Practice Training
Notaries violating the obligation to participate in annual notarial practice training shall be subject to handling according to the Bylaws of the Vietnam Notaries Association, depending on the nature and severity of the violation.
Article 18. Procedures for Changing the Registration Content of a Notary Office
Chapter IV
ORGANIZATION AND NOTARY ACTIVITIES
1. A notary office requesting changes to its registration content as stipulated in Article 24 of the Law on Notarization shall submit directly or send via postal service one set of application documents to the Department of Justice where the notary office is registered.
The application package includes a request for changing the registration content of the notary office, the original registration certificate of the notary office, and one or more of the following documents depending on the requested change in registration content:
a) Application documents for practicing notaries and issuance of notary cards as supplemented for the notary office as prescribed in Article 4 of this Circular; agreements terminating the status of a limited partner notary, termination contracts with practicing notaries under employment contracts; documents proving the death of a notary of the notary office or a court declaration of death in the case of changing the list of notaries;
b) Documents proving the qualifications of the proposed head of the notary office who has practiced notarization for two years or more in the case of changing the head of the notary office;
c) Documents proving the new address in the case of changing the location of the notary office; in the case of relocating the notary office to another district, approval from the provincial People's Committee as stipulated in Clause 1, Article 24 of the Law on Notarization is required.
2. A notary office undergoing merger as stipulated in Article 14, or a notary office being transferred as stipulated in Article 15 of Decree No. 29/2015/NĐ-CP dated March 15, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Notarization shall submit directly or send via postal service one set of application documents for changing the registration content to the Department of Justice where the notary office is registered.
3. Within seven working days from the date of receiving complete applications as stipulated in Clauses 1 and 2 of this Article, the Department of Justice shall issue a new registration certificate for the notary office in the case of changing the name, location, or head of the notary office, or record the changed content in the registration certificate of the notary office in other cases; if rejected, a written notice with reasons must be provided.
Conversion of a Notary Office Established by One Notary
3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 191. A notary office established by one notary converting as stipulated in Clause 1, Article 79 of the Law on Notarization shall submit directly or send via postal service one set of application documents to the Department of Justice where it is registered. a) Request for conversion of the notary office;
b) Report on financial situation, organization, operation, and stored notarization files of the notary office applying for conversion;
a) Application for recognition of equivalence of notary vocational training (Form TP-CC-01);
c) Decision appointing notaries of the notary office applying for conversion (certified copy or scanned copy with the original for verification).
2. Within seven working days from the date of receiving complete valid applications as stipulated in Clause 1 of this Article, the Department of Justice shall submit to the provincial People's Committee for consideration and decision on allowing the conversion of the notary office; if rejected, a written notice with reasons must be provided.
3. Within seven working days from the date of receiving the application from the Department of Justice, the provincial People's Committee shall consider and decide on allowing the conversion of the notary office; if rejected, a written notice with reasons must be provided.
4. Within seven working days from the date of receiving the decision allowing conversion, the converted notary office must submit directly or send via postal service one set of application documents for registration to the Department of Justice.
The application package includes the following documents:
a) Application for registration.
The file includes the following documents:
a) Application for registration of activities;
b) Decision approving the conversion of the Notary Office (a certified copy or a photocopy attached with the original for verification);
c) Documents proving the new office location of the converted Notary Office in case the Notary Office changes its office location.
Within seven working days from the date of receiving complete and valid application materials, the Department of Justice shall issue a registration certificate for the converted Notary Office; if it refuses to do so, it must notify in writing and specify the reasons.
5. The Department of Justice is responsible for providing information on the registration content of the converted Notary Office as stipulated in Article 25 of the Notarization Law. The converted Notary Office must publish the registration content in accordance with Article 26 of the Notarization Law.
6. During the conversion process, the Notary Office applying for conversion may continue its operations until the converted Notary Office receives the registration certificate. The converted Notary Office inherits all rights, obligations, and is responsible for storing all notarization files and documents of the Notary Office applying for conversion.
Article 20. Transfer of notarization files when a notarization practice organization is dissolved or ceases operations
1. In cases where the Department of Justice designates an organization to take over the notarization files of a dissolved Notary Office or a Notary Office that has ceased operations according to Clause 5, Article 64 of the Notarization Law, the designation period shall not exceed thirty days from the date of dissolution of the Notary Office or cessation of operations of the Notary Office.
2. After designating an organization to take over the notarization files of a dissolved Notary Office or a Notary Office that has ceased operations as stipulated in Clause 1 of this Article, the Department of Justice shall determine the transfer period and organize the transfer of notarization files. The file transfer must be recorded in a protocol, signed and stamped by the Department of Justice and the organization taking over the files.
Article 21. Interpreters of notarization practice organizations
1. Interpreters of notarization practice organizations must meet the criteria prescribed in Clause 1, Article 61 of the Notarization Law. The list of interpreters of notarization practice organizations must be notified in writing to the Department of Justice where the notarization practice organization is headquartered.
In cases where an interpreter has registered their signature sample at the notarization practice organization they work for, they may sign the translation beforehand; the notary public must compare the interpreter's signature with the registered sample before conducting the notarization.
2. Rights and obligations of notary practice organizations:
a) Enter into a contract with the interpreter, clearly defining the responsibilities of the interpreter regarding the content, quality of the translation, remuneration, rights, and obligations of both parties;
b) Pay the interpreter's remuneration according to the agreement;
c) Publicly post the list of interpreters at the headquarters of the organization;
d) Compensate for losses and require the interpreter to reimburse according to Article 38 of the Notarization Law;
e) Other rights and obligations agreed upon with the interpreter or as provided by law.
3. Rights and obligations of the interpreter
a) Receive remuneration for interpreting services according to the agreement with the notary practice organization;
b) Be responsible for the accuracy and appropriateness of the content of the translation performed by themselves;
c) Reimburse the amount that the notarization practice organization has compensated for damages caused by their own fault according to Article 38 of the Notarization Law;
d) Comply with laws and regulations on translation and internal rules of the notary practice organization;
đ) Other rights and obligations agreed upon with the notary practice organization or as prescribed by law.
Article 22. Notarial testimony
1. Testimony is a component part of the notarized document.
2. The model affidavit issued together with this Circular includes:
a) General testimony of the notary public concerning contracts and transactions; testimony of the notary public concerning power of attorney contracts in cases where the principal and the agent cannot simultaneously appear at a notarization practice organization; testimony of the notary public concerning wills; testimony of the notary public concerning agreements on the division of inheritance; testimony of the notary public concerning declarations of acceptance of inheritance; testimony of the notary public concerning declarations of renunciation of inheritance;
b) Testimony of the notary public concerning translations.
3. Based on the provisions of Clause 1, Article 46, Clause 3, Article 61 of the Notarization Law, and the model testimony issued together with this Circular, the notary public shall record appropriate testimony for each specific contract or transaction.
Article 23. Notarization ledger and notarization number
1. The notarization ledger is used to monitor and manage notarization activities at notarization practice organizations. The notarization ledger must be continuously numbered without skipping pages, sealed with a stamp from the first page to the last page, and conducted annually. At the end of the year, the ledger must be closed and the total number of notarizations completed during the year must be counted; the head of the notarization practice organization must confirm, sign, write their full name, and stamp.
The notarization ledger is established according to a model, including ledgers for contracts and transactions, and ledgers for translations.
2. The notarization number is the sequential number recorded in the notarization ledger, accompanied by the book number, year of notarization, and type of notarization (contracts, transactions; translations). The sequential number in the notarization ledger must be recorded continuously from number 01 to the end of the year; if a new ledger is used before the end of the year, the next sequential number from the previous ledger must be taken.
The number recorded in the notarized document corresponds to the notarization number recorded in the notarization register.
3. In cases where notarization practice organizations have applied information technology to notarization activities, they must ensure the completeness of the contents according to the model notarization ledger. Monthly, notarization practice organizations must print and bind into ledgers, seal with a stamp; by December 31 of each year, they must combine into one notarization ledger according to the types of notarization activities carried out in one year. The establishment, recording, and closing of the ledger are carried out according to the provisions of Clauses 1 and 2 of this Article.
Article 24. Establishment, management, and use of registers in notarization activities
1. Notary practice organizations must establish, preserve, and store the following types of registers:
a) Registers for contracts and transactions, and registers for certified translations as prescribed in Article 23 of this Circular;
b) Registers for labor utilization.
The labor utilization register must record the date of opening the register, the date of closing the register, and be stamped across from the first page to the last page.
c) Registers for archiving, accounting, finance, and other types of registers as prescribed by relevant laws.
2. The establishment, preservation, and storage of the aforementioned registers under Clause 1 of this Article shall be carried out in accordance with the regulations on archiving, statistics, taxation, finance, notarization laws, and other relevant legal provisions.
Article 25. Reports on organization and notarization activities
1. Annually, the Department of Justice shall be responsible for reporting to the People's Committee at the provincial level about the organization and notarization activities in the locality.
In addition to regular reports, the Department of Justice shall be responsible for reporting to the People's Committee at the provincial level about the organization and notarization activities in the locality upon request of the Ministry of Justice or the People's Committee at the provincial level.
2. Annually, the People's Committee at the provincial level shall be responsible for reporting to the Ministry of Justice about the organization and notarization activities in the locality.
In addition to regular reports, the People's Committee at the provincial level shall be responsible for reporting to the Ministry of Justice about the establishment, transformation, dissolution of Notary Offices, permission for establishment, merger, consolidation, transfer of Notary Offices within its jurisdiction as prescribed in Clause 1 of Article 70 of the Notarization Law.
3. The reports on organization and notarization activities as prescribed in Clauses 1 and 2 of this Article shall include the following main contents:
a) The situation of organization and notarization activities in the locality;
b) Advantages, difficulties, and obstacles encountered during the process of organizing and conducting notarization activities;
c) Evaluation of state management work regarding organization and notarization activities in the locality; proposals, recommendations, and solutions to improve the effectiveness and efficiency of state management.
4. The annual reporting period runs from January 1st to December 31st each year.
Article 26. Inspection of organization and notarization activities
1. The Department of Justice shall be responsible for assisting the People's Committee at the provincial level in conducting inspections of organization and notarization activities in the locality annually or at any time upon request of the Ministry of Justice or the People's Committee at the provincial level.
2. The Bureau of Legal Assistance shall be responsible for assisting the Minister of Justice in inspecting organization and notarization activities in various localities.
3. Regular inspections must be planned; the time and content of inspection must be notified in writing to the inspected entity at least ten working days before the inspection takes place.
Article 27. Audit of organization and notarization activities
1. The Bureau of Legal Assistance and the Inspectorate of the Ministry shall be responsible for assisting the Minister of Justice in conducting audits of organization and notarization activities.
2. The Department of Justice shall be responsible for assisting the People's Committee at the provincial level in conducting audits of organization and notarization activities in the locality.
3. Inspections concerning notarization organization and activities shall be carried out in accordance with the provisions of laws on inspection, laws on notarization, and other relevant legal regulations.
Chapter V
IMPLEMENTING PROVISIONS
Article 28. Attached forms
This Circular promulgates the following forms and registers:
1. Application for Recognition of Equivalent Notary Training (Form TP-CC-01).
2. Application for participation in notary profession training (Form TP-CC-02).
3. Request for appointment of a notary (Form TP-CC-03).
4. Request for removal of a notary (Form TP-CC-04).
5. Request for reappointment of a notary (Form TP-CC-05).
6. Application for registration of practice and issuance of a notary card (Form TP-CC-06).
7. Application for reissuance of a notary card (Form TP-CC-07).
8. Request for establishment of a notary office (Form TP-CC-08).
9. Registration of operation of a notary office (Form TP-CC-09).
10. Application for change of registered operational content of a notary office (Form TP-CC-10).
11. Application for conversion of a notary office (Form TP-CC-11).
12. Decision allowing conversion of a notary office into a notary office (Form TP-CC-12).
13. Decision allowing establishment of a notary office (Form TP-CC-13).
14. Decision allowing conversion of a notary office (Form TP-CC-14).
15. Decision allowing merger of notary offices (Form TP-CC-15).
16. Decision allowing consolidation of notary offices (Form TP-CC-16).
17. Decision allowing transfer of a notary office (Form TP-CC-17).
18. Operation registration certificate of a notary office (Form TP-CC-18).
19. Signage of a notary practice organization (TP-CC-19).
20. Notary statement for contracts and transactions (Form TP-CC-20).
21. Notary statement for certified translations (Form TP-CC-21).
22. Register for contracts and transactions (Form TP-CC-22).
23. Register for certified translations (Form TP-CC-23).
24. Labor utilization register (Form TP-CC-24).
Article 29. Transitional Provisions
1. Individuals who completed their probationary period for notary practice before January 1, 2015, are not required to submit a copy of the certificate of results of the probationary period for notary practice when applying for appointment as a notary.
2. Individuals who were relieved of their duties as notaries due to personal wishes or transferred to other jobs before January 1, 2015, may be considered for reappointment as notaries according to Clause 1 and Clause 4 of Article 16 of the Notarization Law. Applicants for reappointment shall directly submit or send through postal services one set of application documents to the Department of Justice where they previously applied for appointment as a notary.
3. Notaries appointed before the effective date of this Circular who wish to change their place of practice shall have the notary practice organization where they are transferring to handle the registration procedures and issuance of a notary card for them according to Article 4 of this Circular.
Notaries of notary offices who have retired or left their positions voluntarily within one year are still entitled to retain their title of notary and can participate in establishing a notary office or practicing at an operating notary office. The one-year period is calculated from the date of retirement decision or termination decision to the date when the notary office submits the application for registration and issuance of a notary card for that notary according to Article 4 of this Circular.
4. Notary public cards issued by the Ministry of Justice continue to be valid; in cases where notaries change their place of practice or lose or damage their cards, the notary practice organizations shall apply for registration and issuance of notary public cards for those notaries in accordance with Article 4 of this Circular. Notary public cards shall be issued according to the card numbers of the Department of Justice. The decision on issuing notary public cards by the Department of Justice must clearly state the revocation of the notary public cards previously issued by the Ministry of Justice.
Article 30. Effective Date
1. This Circular takes effect from August 1, 2015.
2. Circular No. 11/2011/TT-BTP dated June 27, 2011 of the Ministry of Justice guiding the implementation of certain contents regarding notaries, notary practice organizations, and notary activities, as well as state management over notarization, and Decision No. 01/2008/QĐ-BTP dated February 20, 2008 of the Minister of Justice promulgating certain forms of documents used in notary activities shall cease to be effective from the date this Circular takes effect.
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