Joint Circular No. 09/2014/TTLT-BTP-TANDTC-VKSNDTC-BTC guiding the implementation of the pilot system of Notary Public according to Resolution No. 36/2012/QH13 dated November 23, 2012 of the National Assembly.

JOINT CIRCULAR

Guidelines for piloting the Notary Public system pursuant to Resolution

No. 36/2012/QH13 dated November 23, 2012 of the National Assembly

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Pursuant to the Civil Enforcement Law;

BASED ON THE LAW ON ENACTMENT OF LEGAL DOCUMENTS;

Pursuant to the Law on Organization of People's Procuracy;

Pursuant to the Decree on Costs for Appraisal and Valuation; Costs for Witnesses and Interpreters in Litigation in 2012;

Pursuant to Resolution No. 36/2012/QH13 dated November 23, 2012 of the National Assembly on continuing to pilot the Notary Public system;

Pursuant to Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the organization and operation of Notary Publics piloted in Ho Chi Minh City;

Pursuant to Decree No. 135/2013/NĐ-CP dated October 18, 2013 of the Government amending and supplementing the name and some articles of Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the organization and operation of Notary Publics piloted in Ho Chi Minh City;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003, promulgated by the Government detailing and guiding the implementation of the Law on State Budget;

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. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Minister of Justice, the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the Minister of Finance issue this Joint Circular guiding the implementation of the pilot Notary Public system pursuant to Resolution No. 36/2012/QH13 dated November 23, 2012 of the National Assembly.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides procedures and costs for Notary Public activities; the organization of Notary Public offices; supervision, inspection, and examination of Notary Public activities at provinces and centrally governed cities (hereinafter referred to as provincial level) where the Notary Public system is being piloted.

Article 2. Applicability

This Joint Circular shall apply to:

1. Notary Publics, Notary Public offices;

2. People's Courts, civil enforcement agencies where the Notary Public system is being piloted;

3. Relevant agencies, organizations, and individuals involved in implementing the pilot Notary Public system.

Chapter II

PROCEDURES FOR NOTARY PUBLIC ACTIVITIES

Section 1

SERVING DOCUMENTS

Article 3. Types of documents served by Notary Publics

The Notary Public office may agree to serve documents from the courts (excluding the Supreme People's Court's Appeals Division), civil enforcement agencies at various levels within the province where the Notary Public office is located, including: notices, summonses, invitations, decisions to bring cases to trial, judgments, and decisions in cases where parties are absent during court proceedings; decisions on enforcement, notices, and summonses from civil enforcement agencies.

In necessary cases, courts and civil enforcement agencies may agree with Notary Public offices to serve other types of documents and papers.

Article 4. Signing service contracts for serving documents

The signing of service contracts for serving documents between courts or civil enforcement agencies and Notary Public offices shall be carried out as follows:

1. Courts and civil enforcement agencies sign general contracts entrusting Notary Public offices to serve various types of documents. Based on the contract, the quantity and specific types of documents, the serving of documents by Notary Publics shall be implemented through a handover book signed by both parties.

In cases where serving is outside the province where the Notary Public office is located, courts and civil enforcement agencies may agree with the Notary Public office by a separate contract for each specific case.

2. A single civil enforcement agency may only sign a contract with one Notary Public office.

Based on the actual situation of the locality, the Chief Justice of the Provincial People's Court decides that each court in the area may sign a contract with one or more Notary Public offices.

A Notary Public office has the right to sign service contracts for serving documents with multiple civil enforcement agencies or multiple courts in the province where the Notary Public office is located.

The Chief Justice of the Provincial People's Court, the Director of the Provincial Civil Enforcement Agency, and the Director of the Department of Justice shall coordinate to unify the jurisdiction for Notary Public offices to conclude service contracts with courts and civil enforcement agencies in the area.

3. Service contracts for serving documents include the following main contents: Types of documents to be served; types of notifications required; duration of the contract; procedures for serving documents; rights and obligations of the parties; serving costs.

4. Courts and civil enforcement agencies transfer all types of documents agreed upon, and the Notary Public office shall not refuse when requested to serve them.

5. Courts and civil enforcement agencies are responsible for sending one copy of the service contract for serving documents with the Notary Public office to the State Treasury where the account is opened immediately after signing.

Article 5. Delivery and Receipt of Service Documents

The delivery and receipt of service documents between the Court, Civil Enforcement Agency, and the Notary Office shall be conducted daily during working days, except where otherwise agreed upon, but must still ensure the deadline for service as stipulated by laws on civil procedure and civil enforcement, and must be recorded in the delivery and receipt log according to the model issued together with this Circular.

Article 6. Procedures for Service

1. The procedures for serving civil enforcement documents shall be carried out in accordance with the provisions of the Law on Civil Enforcement; the procedures for serving court documents shall be carried out in accordance with the provisions of the Law on Civil Procedure.

2. Service shall be conducted using the forms of the Court or the forms issued together with this Circular.

Service shall be deemed completed when the Notary has completed all procedures as prescribed by law, including public posting in cases where direct service cannot be made and public posting is required under the Civil Procedure Law and the Law on Civil Enforcement.

Section 2

ESTABLISHING VI BYEUNG

Article 7. Legal Value of Vi Byeng

A Vi Byeng established by a Notary is a source of evidence for the Court to consider when resolving cases and serves as a basis for conducting lawful transactions as prescribed by law.

During the process of evaluating and considering the evidentiary value of a Vi Byeng, if necessary, the Court or the People's Procuracy may summon the Notary to clarify the authenticity of the Vi Byeng.

Article 8. Correcting Technical Errors in Vi Byeng

1. In cases where there are technical errors in recording, typing, or printing a Vi Byeng that do not affect its authenticity, the Notary is responsible for correcting such errors. The correction of technical errors in a Vi Byeng must be done in writing, established, signed, and stamped by the Notary Office.

If the Vi Byeng has been delivered to the person requesting it and registered at the Department of Justice, the Notary must notify in writing the correction of technical errors to the person requesting it and the Department of Justice. The Department of Justice must issue a written notification of acceptance or non-acceptance of the amendment to the Notary and the person requesting it.

2. For a Vi Byeng consisting of two pages or more, each page must be numbered sequentially and stamped with a cross-stamp.

Section 3

CONFIRMATION OF ENFORCEMENT CONDITIONS AND TERMINATION OF ENFORCEMENT

Article 9. Confirmation of Enforcement Conditions

1. The person entitled to enforcement, the person subject to enforcement, and those with rights and obligations related to enforcement in cases within the jurisdiction of the Civil Enforcement Agencies in the province where the Notary Office is located have the right to agree with the Notary Office on the confirmation of enforcement conditions.

When agreeing with the Notary Office on confirming enforcement conditions, the person entitled to enforcement, the person subject to enforcement must provide the judgment and decision of the Court and other relevant documents (if any); those with rights and obligations related to enforcement must provide documents proving their rights and obligations directly related to enforcement.

2. The agreement between the person requesting and the Notary Office on confirming enforcement conditions shall be concluded in the form of a service contract.

Within three working days from the date of signing the contract, the Director of the Notary Office must issue a Decision to confirm enforcement conditions, except where the parties have agreed otherwise. The Decision to confirm enforcement conditions must be sent to the People's Procuracy of the district where the Notary Office is located and the Civil Enforcement Agency authorized to enforce according to the Law on Civil Enforcement.

Article 10. Termination of Enforcement Proceedings

1. In cases where the applicant requests the Notary Office not to continue enforcement proceedings or the Notary Organization conducts enforcement proceedings and conditions for enforcement arise outside the provincial territory where the Notary Office is located, the following shall be handled:

a) The parties jointly liquidate the contract;

b) The Director of the Notary Office issues a decision or proposes the competent authority to issue a decision to revoke decisions, notifications, and enforcement-related documents that have not been fully implemented;

c) Other issues arising shall be resolved in accordance with the laws on civil enforcement.

2. The provisions of Clause 1 of this Article shall not apply in cases where the applicant's request to terminate enforcement proceedings affects the rights and legitimate interests of third parties.

3. During the contract liquidation process and resolution of arising issues, if disputes occur, the parties may request the Court to resolve them in accordance with the law.

Section 4

BUSINESS FORMS OF THE NOTARY OFFICE

Article 11. Business forms of the Notary Office

1. Issuing 113 business forms of the Notary Office attached to this Circular, including:

a) Business tracking books;

b) Templates for contracts to perform tasks;

c) Decisions on civil enforcement templates;

d) Notification, summons, announcement, record, and application templates in civil enforcement.

2. Courts and Civil Enforcement Agencies shall establish tracking books to manage their activities related to Notaries. The establishment and use of tracking books shall be funded from the operational budget of the Courts and Civil Enforcement Agencies in accordance with the law.

Chapter III

EXPENSES FOR NOTARIES' TASKS

Article 12. Parties Subject to Delivery Expenses

The state budget shall pay delivery expenses for the delivery of court and civil enforcement agency documents, except when the procedural law and civil enforcement law stipulate that the parties must bear delivery expenses and notification costs.

Article 13. Delivery Expense Levels

People's Courts and Civil Enforcement Bureaus shall coordinate with Provincial Departments of Justice and Finance where the Notary Office is located to negotiate with Notary Offices to determine specific delivery expense levels applicable to each district within their jurisdiction based on local circumstances; simultaneously, they shall send these levels to the State Treasury where the accounts of units responsible for paying delivery expenses are opened to serve as the basis for determining delivery expenses according to the following levels:

1. Within the county where the Notary Office is located, not exceeding 65,000 dong per case (including VAT).

2. Outside the county but within the province where the Notary Office is located, not exceeding 130,000 dong per case (including VAT).

3. For the delivery of documents outside the province where the Notary Office is located, the Court and Civil Enforcement Agency shall negotiate with the Notary Office regarding delivery expenses, which include:

a) Actual incurred expenses but not exceeding the travel allowance prescribed by law for state agencies and public service organizations;

b) Labor fees based on working days for the person performing the delivery but not exceeding the minimum wage for workers in state agencies and public service organizations.

4. Delivery expenses as stipulated in this Article also include the public posting required when direct delivery is impossible and public posting is mandated by procedural and civil enforcement laws.

5. The delivery expense levels specified in this Article shall only apply to contracts performed from the date this Joint Circular takes effect.

Article 14. Payment of Service Fees for Delivery

1. The payment of service fees for delivery shall be carried out monthly.

The Notary Public Office is responsible for issuing and delivering service invoices to the Court and Civil Enforcement Agency. Within five working days from the date of receipt of the invoice, these agencies must complete the payment procedures and documents through bank transfer to the State Treasury where the account is opened to control the payment of service fees for delivery to the Notary Public Office.

2. In cases where the party's payment has not been collected at the time of payment as stipulated in Clause 1 of this Article, the Civil Enforcement Agency shall temporarily advance funds from the budgeted funds allocated by the competent authority according to the laws on state budget to pay the Notary Public Office. The Civil Enforcement Agency is responsible for urging the collection of the delivery fees that the party must pay to repay the state budget.

3. In cases where the Civil Enforcement Agency delivers its documents and the case is entrusted, the Civil Enforcement Agency that transferred the document to the Notary Public for delivery must pay the actual service fees for delivery. If the party is required to bear the delivery fees but has not yet paid, the entrusting Civil Enforcement Agency must issue a request to the Civil Enforcement Agency.

4. The State Treasury controls the payment of service fees for delivery according to the current regulations of the Government as specified in Circular No. 161/2012/TT-BTC dated October 2, 2012 of the Ministry of Finance on the regulations for controlling and paying state budget expenses through the State Treasury.

Article 15. Preparation of Budget Estimates for Delivery Expenses

Annually, based on the workload of the previous year, the fee levels prescribed in Article 13 of this Circular, and the planned work for the next year, the Courts and Civil Enforcement Agencies implementing the pilot program shall prepare budget estimates for delivery expenses to be included in their overall budget estimates submitted to higher authorities according to the laws on the state budget, divided into two parts:

1. Delivery expenses when the state budget pays.

2. Advance expenses when the parties pay.

Article 16. Costs for Creating Notarial Certificates and Verifying Execution Conditions

1. The Notary Public Office shall establish and publicly post a framework of costs for creating notarial certificates and verifying execution conditions, specifying the maximum, minimum rates, and calculation principles.

Based on the posted framework, the person requesting and the Notary Public Office shall agree on the actual costs for performing tasks or hourly work and other actual expenses incurred, including travel costs; service fees for information-providing agencies; costs for witnesses, participants, or other costs, if any.

2. In cases where the Notary Public Office organizes enforcement and needs to verify, the verification costs shall be agreed upon between the Notary Public and the requester according to the provisions of Clause 1 of this Article or included in the civil enforcement costs as stipulated in Article 17 of this Circular.

Article 17. Civil Enforcement Costs

1. For direct organization of enforcement, the Notary Public Office may collect civil enforcement costs according to the prescribed rates under the laws on civil enforcement fees.

For complex cases, the Notary Public Office may negotiate additional costs with the parties for performing the work.

2. In cases where compulsory enforcement costs are exempted or reduced according to the laws on civil enforcement, the obligor must submit a request to the Notary Public Office along with supporting documents. Within ten days from the date of receipt of the request and documents from the party, the Director of the Notary Public Office shall prepare a file to propose the Director of the Civil Enforcement Agency where the Notary Public Office is located to consider and decide. The Director of the Civil Enforcement Agency shall consider and decide on the exemption or reduction and implement the payment of the exempted or reduced amount to the Notary Public Office within ten days from the date of receipt of the proposal, while compiling the total expenses to be supplemented and proposing to the Ministry of Justice.

If the request for exemption or reduction is rejected, the Director of the Notary Public Office must respond in writing to the party and specify the reasons.

Chapter IV

ORGANIZATION OF THE NOTARY PUBLIC OFFICE

Article 18. Operation Regime of Notary Public Office

1. The Notary Public Office is an organization practicing notary public services, organized and operated under the enterprise form, performing public services without profit-making purposes.

2. A Notary Public Office established by one Notary Public shall be organized and operated under the private enterprise form.

A Notary Public Office established by two or more Notary Publics shall be organized and operated under the partnership company form.

3. The financial regime of the Notary Public Office shall be implemented according to the financial regime of the corresponding enterprise form as prescribed by the Law on Enterprises.

Article 19. Identity Card and Uniform of Notary Public

1. The model of the Notary Public Identity Card and the uniform of the Notary Public shall be stipulated by the Minister of Justice.

2. The budget for issuing the Notary Public Identity Card shall be guaranteed from the State budget from the annual regular budget of the Ministry of Justice.

The Notary Public Office shall be responsible for ensuring uniforms for Notary Publics working at its office from the office's budget.

Article 20. Dissolution and Termination of Activities of Notary Public Office

The dissolution and termination of activities of the Notary Public Office shall be carried out in accordance with the provisions of the Law on Enterprises, Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government, Decree No. 135/2013/NĐ-CP dated October 18, 2013 of the Government, and depending on each case, the Notary Public Office must also carry out the following tasks:

1. In the case of self-dissolution, the Notary Public Office must submit a dissolution plan to the Department of Justice where the Notary Public Office is located. Based on the agreement of the Department of Justice, proceed with the following procedures:

a) Complete the registration of all notarial acts that have been established;

b) Liquidate contracts in accordance with the provisions of the law;

c) Handle matters related to enforcement of judgments in accordance with the provisions of the law.

2. In the case where the Chairman of the Provincial People's Committee decides to suspend the operation of the Notary Public Office, within thirty days from the date of receipt of the decision, the Notary Public Office must implement the contents specified in Clause 1 of this Article.

The Director of the Department of Justice shall be responsible for assisting the Provincial People's Committee in overseeing and urging the implementation of tasks when the Notary Public Office dissolves and terminates operations.

Chapter V

INSPECTION, AUDIT, AND MONITORING OF NOTARY PUBLIC ACTIVITIES

Article 21. Scope and Authority of Supervision over Notary Public Activities

The People's Procuracy of the district where the Notary Public Office is located has the authority:

1. To supervise the compliance with the law by the Notary Public in serving legal documents in accordance with the Law on Organization of the People's Procuracy, the Law on Civil Enforcement, and the Law on Procedure.

2. To supervise the compliance with the law by the Notary Public in civil enforcement proceedings in accordance with the Law on Organization of the People's Procuracy and the Law on Civil Enforcement.

Article 22. Right to Protest, Petition, and Request of the People's Procuracy

1. The People's Procuracy of the district where the Notary Public Office is located has the right to protest decisions and actions of the Head of the Notary Public Office and the Notary Public within fifteen days from the date of receipt of the decision or discovery of the violation. The Head of the Notary Public Office is responsible for responding to the protest and implementing the content of the protest within twenty days from the date of receipt of the protest.

If the protest is not accepted, the Head of the Notary Public Office may petition the Director of the Civil Enforcement Bureau of the province where the Notary Public Office is located for review within five working days from the date of receipt of the protest. The petition document shall be sent simultaneously to the People's Procuracy that issued the protest and the superior People's Procuracy of the People's Procuracy that issued the protest. The Director of the Civil Enforcement Bureau is responsible for responding within thirty days from the date of receipt of the petition; the response document of the Director of the Civil Enforcement Bureau shall be binding. The response document to the petition shall be sent simultaneously to the People's Procuracy at the same level and the People's Procuracy that issued the protest.

If it is found that the response to the protest lacks grounds, the Chief Prosecutor of the Supreme People's Procuracy may issue a document requesting the Minister of Justice to review the response of the Director of the Civil Enforcement Bureau.

2. The implementation of the rights to petition and request of the People's Procuracy in supervising the activities of the Notary Public shall be carried out in accordance with the Law on Organization of the People's Procuracy, the Law on Procedure, and the Law on Civil Enforcement.

Article 23. Inspection and Audit of Notary Activities

1. The Department of Justice shall be responsible for leading and coordinating with relevant departments, agencies, organizations to assist the People's Committee at the provincial level where pilot programs are implemented to inspect the organization and activities of Notary Offices within their jurisdiction.

Within the scope of their duties and powers, other competent state agencies shall be responsible for inspecting the organization and activities of Notary Offices in accordance with the provisions of the law.

2. The audit work concerning the organization and activities of Notary Offices shall be carried out in accordance with the provisions of the law on audit.

Chapter VI

IMPLEMENTATION

Article 24. Implementation Organization

1. Annually and at any time deemed necessary, the Civil Enforcement General Department under the Ministry of Justice, functional units of the Supreme People's Court, the Supreme People's Procuracy, and the Ministry of Finance shall organize evaluations of the implementation of the provisions of this Circular, promptly take measures to address, resolve, or report and make recommendations to the Inter-Ministerial Leadership, the Central Steering Committee for the Pilot Implementation of the Notary System for resolution.

2. Quarterly and at any time deemed necessary, the Department of Justice, People's Courts, Civil Enforcement Departments, People's Procuracies, and Provincial Finance Departments where pilot programs are implemented must exchange information and organize evaluations of the implementation of the provisions of this Circular, promptly take measures to address, resolve, or report and make recommendations to the Inter-Ministerial Leadership, the Local Steering Committee for the Pilot Implementation of the Notary System for resolution.

3. During the implementation process, if there are any difficulties, relevant agencies, organizations, and individuals shall promptly report to the competent authority to take appropriate measures to resolve them.

Article 25. Effective Date

1. This Circular takes effect from April 20, 2014.

2. This Circular replaces the following Circulars:

a) Joint Circular No. 12/2010/TTLT-BTP-BTC-TANDTC dated June 24, 2010 of the Ministry of Justice, the Supreme People's Court, and the Ministry of Finance guiding certain provisions of Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government regarding the organization and operation of Notaries piloted in Ho Chi Minh City;

b) Joint Circular No. 13/2010/TTLT-BTP-TANDTC-VKSNDTC dated July 7, 2010 of the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy guiding procedures for implementing certain tasks of Notaries piloted in Ho Chi Minh City;

c) Circular No. 03/2009/TT-BTP dated September 30, 2009 of the Ministry of Justice guiding the implementation of certain provisions of Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government regarding the organization and operation of Notaries piloted in Ho Chi Minh City.

3. For matters that Notary Offices have accepted for resolution but have not yet completed by the time this Joint Circular takes effect, they shall continue to implement according to the provisions of this Circular.