Circular No. 11/2011/TT-BTP guiding the implementation of certain contents regarding notaries, notary organizations, and notarial activities, and state management over notarization.

CIRCULAR

Guidelines for implementing certain contents regarding notaries, organizations and

notarization activities, state management of notarization

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BASED ON THE Notary Law number 82/2006/QH11 dated November 29, 2006;

Pursuant to Decree No. 02/2008/NĐ-CP dated January 4, 2008 of the Government detailing and guiding the implementation of certain provisions of the Notarization Law;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

The Ministry of Justice guides the implementation of certain contents regarding notaries, organizations and notarization activities, state management of notarization as follows:

PART I

NOTARIES

Article 1. Application dossier for appointment and removal of notaries

1. Curriculum vitae as prescribed in point e Clause 1 and point đ Clause 2 Article 18 of the Notarization Law must be fully completed by the person applying for the appointment of a notary according to Model TP-CC-01 issued together with this Circular.

2. Health certificate as prescribed in point g Clause 1 and point e Clause 2 Article 18 of the Notarization Law issued by a health authority at provincial level or higher, which clearly confirms that the holder has sufficient health to study and work.

3. Documents proving exemption from vocational training and probationary period for practicing notarization as prescribed in point c Clause 2 Article 18 of the Notarization Law, depending on specific cases, may include one of the following documents:

a) Certified copy of the Decision appointing judge, prosecutor, or investigator by a competent state agency, or certified copy of the Judge's Identification Card, certified copy of the Prosecutor's Identification Card, certified copy of the Investigator's Certificate.

b) Certified copy of the Decision conferring the title of Professor or Associate Professor in law; certified copy of the Doctorate in Law degree.

c) Certified copy of the Decision appointing Senior Appraiser in the Judiciary, Senior Inspector in the Prosecution Service, Senior Specialist, Senior Researcher, or Senior Lecturer in the field of law by a competent state agency.

d) For lawyers who have practiced for three years or more, they must provide a certified copy of the lawyer's card and a Confirmation Letter from the Bar Association's Management Board of the province or centrally-administered city, clearly stating the duration of their practice as a lawyer.

đ) Other documents proving exemption from vocational training and probationary period for practicing notarization as prescribed by law.

In case the applicant submits copies, the original documents must be presented for verification when submitting the application dossier.

4. Application dossier for appointment of notaries under Clause 4 Article 18 of the Notarization Law and application dossier for removal of notaries under Clause 4 Article 20 of the Notarization Law:

a) The number of application dossiers for appointment of notaries and application dossiers for removal of notaries is one set.

b) For the application dossier for appointment of notaries of persons completing the probationary period for practicing notarization, the Department of Justice of the locality where the probationary registration was made shall submit the dossier directly to the department of the Ministry of Justice responsible for receiving applications or send it through the postal service to the Ministry of Justice, with the envelope clearly marked as "Application Dossier for Appointment of Notary".

c) For the application dossier for appointment of notaries of persons exempted from vocational training, persons exempted from the probationary period for practicing notarization, The Minister of Justice authorizes the Directors of the Departments of Justice of provinces and centrally-administered cities to perform the following tasks: The Department of Justice where the applicant for appointment of notary is registered as a permanent resident receives the application dossier. Within five working days from the date of receipt of the dossier, the Department of Justice is responsible for checking and reviewing, if the dossier meets the requirements of the law, submit the dossier directly to the department of the Ministry of Justice responsible for receiving applications or send it through the postal service to the Ministry of Justice, with the envelope clearly marked as "Application Dossier for Appointment of Notary".

đ) The applicant for appointment of notary shall bear full responsibility for the authenticity of the documents and the accuracy of the information provided in the application dossier. If necessary, the Ministry of Justice will verify the accuracy and authenticity of the documents and information provided in the dossier. Any person engaging in forgery or deception in the application dossier for appointment of notary shall not be considered for appointment as a notary and will be subject to legal sanctions according to the nature and severity of the offense.

đ) The application dossier for removal of notary shall be submitted directly to the department of the Ministry of Justice responsible for receiving applications or sent through the postal service to the Ministry of Justice, with the envelope clearly marked as "Application Dossier for Removal of Notary".

Article 2. Notary Public Card

1. The Minister of Justice shall issue the Notary Public Card to notaries practicing at a notarial practice organization. In case a notary changes their place of notarial practice, they must go through the procedure to request the Ministry of Justice to reissue the Notary Public Card.

2. The Notary Public Card serves as evidence of the notary's qualification for notarial practice according to Model TP-CC-02 issued together with this Circular.

3. Notaries must carry the card when practicing.

Article 3. Procedures for Issuing the Notary Public Card

1. Notaries submit the application dossier for the Notary Public Card directly to the file reception section of the Department of Justice or via the postal system to the Department of Justice where the notarial practice organization has registered its activities. The number of application dossiers for the Notary Public Card is one set.

1. A registration form for issuing a journalist card filled out by the applicant according to the model; approved and stamped by the head of the applying agency (Model No. 1);

a) Application form for the Notary Public Card according to Model TP-CC-03 attached to this Circular;

b) Certified copy of the Decision appointing the notary;

c) One passport-sized photograph (2 cm x 3 cm).

2. Within five working days from the date of receiving a complete and valid dossier as stipulated in Clause 1 of this Article, the Department of Justice shall send a document to the Ministry of Justice along with the dossier and a list of those requesting the Notary Public Card; in case of refusal, it must notify in writing and specify the reasons.

3. Within ten working days from the date of receiving a complete and valid dossier as stipulated in Clause 2 of this Article, the Minister of Justice shall examine and decide on issuing the Notary Public Card; in case of refusal, it must notify in writing and specify the reasons.

Article 4. Revocation of the Notary Public Card

1. The Minister of Justice decides to revoke the Notary Public Card in cases where the notary is relieved of duty or other cases as prescribed by law.

2. The decision to revoke the Notary Public Card shall be sent to the person whose card is revoked, the notarial practice organization where that person works, the Department of Justice where the notarial practice organization has registered its activities, and announced on the Ministry of Justice’s electronic portal.

Within five working days from the date of receiving the decision to revoke the Notary Public Card, the Department of Justice where the notarial practice organization has registered its activities shall retrieve the Notary Public Card of the person whose card is revoked and report in writing to the Ministry of Justice. The person whose card is revoked is responsible for returning the Notary Public Card to the Department of Justice where the notarial practice organization has registered its activities. The retrieval of the Notary Public Card shall be recorded in a protocol by the Department of Justice where the notarial practice organization has registered its activities.

3. A notary whose card is revoked shall not engage in notarial practice from the date the decision to revoke the Notary Public Card takes effect.

Article 5. Reissuance of the Notary Public Card

1. If a notary who has been issued a card changes their place of notarial practice or loses the card or the card is damaged, they may be considered for reissuance of the card.

2. Notaries submit the application dossier for reissuance of the Notary Public Card directly to the file reception section of the Department of Justice or via the postal system to the Department of Justice where the notarial practice organization has registered its activities. The number of application dossiers for reissuance of the Notary Public Card is one set.

1. A registration form for issuing a journalist card filled out by the applicant according to the model; approved and stamped by the head of the applying agency (Model No. 1);

a) Application form for reissuance of the Notary Public Card according to Model TP-CC-04 attached to this Circular;

b) One passport-sized photograph (2 cm x 3 cm);

c) The old Notary Public Card (in case of changing the place of notarial practice; damage to the card).

3. The procedures for applying for and considering reissuance of the Notary Public Card shall be carried out according to the provisions of Clause 2 and Clause 3 of Article 3 of this Circular. The reissued Notary Public Card retains the original card number but with a new issuance date.

Article 6. Professional Liability Insurance for Notaries

1. The Notary Office has the obligation to purchase professional liability insurance for its notaries through an insurance contract between the Notary Office and an insurance company.

2. The Notary Office must complete the purchase of insurance no later than sixty days from the date it receives the Registration Certificate for Operation.

3. The Notary Office shall negotiate with the insurance company regarding necessary procedures for purchasing insurance, insurance premiums, insurance amounts, insured events, insurance periods, and other related matters.

4. The purchase of insurance for notaries must be maintained throughout the operation period of the Notary Office. At the latest ten working days from the date of purchasing insurance or from the date of changing or extending the insurance contract, the Notary Office is responsible for notifying and submitting copies of the insurance contract, change or extension contracts to the Department of Justice where it is registered for operation.

Chapter II

ORGANIZATION AND NOTARY ACTIVITIES

Article 7. Types of Notary Offices

It is not encouraged to establish a Notary Office by a single notary.

Provincial People's Committee (hereinafter referred to as the Provincial People's Committee) shall consider and implement policies to encourage the development of Notary Offices established by two or more notaries and convert Notary Offices established by a single notary into Notary Offices established by two or more notaries. Article 8. Name of the Notary Office

1. The name of the Notary Office must comply with the provisions of Clause 3, Article 26 of the Notarization Law and may not use sequential numbering that could cause confusion with the name of a Notary Office; it may not use the name of another locality or the surname and name of another notary, or the name of another organization practicing notarization that has already been registered.

2. When there is a need to change the name, the Notary Office must submit a written request to the Department of Justice where it is registered for operation. Within seven working days, the Department of Justice will review and reissue the Registration Certificate for Operation of the Notary Office.

Article 9. Signage of Organizations Practicing Notarization The signage of organizations practicing notarization must comply with legal regulations on writing and placing signs. The signage of organizations practicing notarization is implemented according to Model TP-CC-05 issued

along with this Circular

Article 10. Documents for Establishing a Notary Office and Registering for Operation of a Notary Office 1. The number of documents required to establish a Notary Office under Clause 2, Article 27 of the Notarization Law is one set. The documents for establishing a Notary Office submitted to the Provincial People's Committee must be directly submitted to the document reception department of the Department of Justice or sent via postal service to the Department of Justice, clearly marked on the envelope as documents for establishing a Notary Office..  

2. The number of documents required to register for operation of a Notary Office under Clause 3, Article 27 of the Notarization Law is one set. The documents for registering for operation of a Notary Office must be directly submitted to the document reception department of the Department of Justice or sent via postal service to the Department of Justice, clearly marked on the envelope as documents for establishing a Notary Office.

Place of Notarization

1. Notarization must be conducted at the headquarters of the organization practicing notarization.

Article 11. Notarization outside the headquarters of the organization practicing notarization can only be conducted in cases

specified in Clause 2, Article 39 of the Notarization Law and must be decided by the organization practicing notarization after considering each specific case. When conducting notarization outside the headquarters, the notary must clearly record the reason and location of notarization in the notarized document. The organization practicing notarization may not open branches, representative offices, premises, or other transaction locations outside its headquarters. Procedures for transferring notarization files when the organization practicing notarization is dissolved or ceases operations

2. 1. In the event that the Department of Justice must designate an organization practicing notarization to take over the notarization files of a dissolved Notary Office or a Notary Office that has ceased operations as stipulated in Clause 4, Article 54 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.

Article 12. 2. The Department of Justice shall organize the transfer of notarization files between the dissolved Notary Office or the Notary Office that has ceased operations and the organization practicing notarization designated to take over the notarization files. The handover of notarization files must be recorded in a protocol signed and stamped by both parties and confirmed and stamped by the Department of Justice.

1. In the case where the Department of Justice must designate a notary organization to take over the notarization files of a dissolved Notary Office or a Notary Office ceasing operations as stipulated in Clause 4, Article 54 of the Notary Law, the latest designation period shall be thirty days from the date of dissolution of the Notary Office or cessation of operations of the Notary Office.

2. The Department of Justice shall organize the transfer of notarization files between the dissolved Notary Office or the Notary Office ceasing operations and the designated notary organization. The handover of notarization files must be documented in a protocol signed and stamped by all parties involved, and confirmed and stamped by the Department of Justice.

Article 13. Issuing Certified Copies of Notarized Documents

1. Individuals and organizations as prescribed in Clause 1 of Article 55 of the Notary Law have the right to request notary offices where the original notarized documents are stored to issue certified copies of such documents.

2. Individuals requesting certified copies of notarized documents must present their identity card or passport.Organizations requesting certified copies of notarized documents must present documents proving that they are the legitimate representatives of the organization.

3. Notary offices shall issue certified copies of notarized documents based on the originals they store. Each page of the certified copy must be stamped with "certified copy" at the top right corner of each page, and the last page of the certified copy must clearly state the date of issuance, signed by the Head of the Notary Office or the Head of the Notary Office Branch, and stamped with the seal of the notary office; if the certified copy consists of two or more pages, it must also be stamped across the fold.

4. The issuance of certified copies of notarized documents shall be completed on the same day the request for issuance is received.

Article 14. Fees, remuneration, and other expenses

1. Notary offices must collect fees for notarization accurately and fully according to current laws.

2. When collecting fees for notarization, remuneration for notarization, and other expenses, notary offices must issue full invoices and receipts; record accounting entries for fees for notarization, remuneration for notarization, and other expenses; and properly manage and store accounting books and accounting files according to financial, accounting, and archival laws; fulfill tax obligations according to tax laws.

3. The level of remuneration for notarization for drafting contracts, transactions, typing, photocopying, and other matters related to notarization shall be determined by the notary office and must be publicly displayed in a clear manner at the notary office's premises. The notary office may not charge more than the displayed rate.

Other costs in cases where the person requesting notarization requests verification, appraisal, or notarization outside the notary office's premises shall be agreed upon between the person requesting notarization and the notary office.

Notary offices have the responsibility to clearly explain to the person requesting notarization the principles of charging fees for notarization, remuneration for notarization, and other related expenses.

Article 15. Responsibility for Ensuring Workers' Rights and Interests

Notary offices have the responsibility to ensure workers' rights and interests in accordance with labor laws; maintain a book to track the use of labor by the notary office; implement social insurance, health insurance, and other insurances for workers as stipulated by law.

Article 16. Maintaining Records of Work

1. Notary offices must maintain various types the following records::

a) Notarization Contract and Transaction Book: Used to record notarizations conducted at the notary office, serving the purpose of tracking, searching, inspecting, and statistically recording notarization data (according to Model TP-CC-07 issued together with this Circular);

b) Labor Usage Tracking Book: Used to record labor usage at the notary office (according to Model TP-CC-08 issued together with this Circular).

These two types of books must indicate the opening and closing dates, be stamped across the fold from the first page to the last page, and must be securely managed and stored at the notary office's premises.

2. In addition to the types of books specified in Clause 1 of this Article, notary offices must maintain records on documentation, archiving, accounting, finance, and other types of books as required by relevant laws.

3. Recording, managing, and storing these types of books in writing shall be carried out in accordance with laws on archiving, statistics, notarization laws and other relevant laws.

Chapter III

STATE MANAGEMENT OF NOTARIZATION

Article 17. Responsibilities of the Department of Justice

The Department of Justice assists the People's Committee at the provincial level in managing notarization activities according to the Notarization Law and Government Decree No. 02/2008/NĐ-CP dated January 4, 2008, detailing and guiding the implementation of certain provisions of the Notarization Law. Within the scope of its functions, tasks, and authorities, it has the responsibility to: below:

1. Advise and assist the People's Committee at the provincial level:

a) Issuing documents on the organization and operation of notarization within the local area;

b) Implementing measures to develop notarization practice organizations in the locality to meet the requirements for notarizing contracts and transactions related to land use rights, ownership of houses, and other assets attached to land;

c) Establishing notarization practice organizations according to the development plan for such organizations that have been approved by competent state agencies;

d) Building a database on contracts and transactions related to real estate that have been notarized within the local area, implementing measures to link notarization practice organizations with the Land Registration Office under the Department of Natural Resources and Environment, the Land Registration Office under the District Natural Resources and Environment Office, the District Natural Resources and Environment Office where there is no Land Registration Office, and relevant agencies to share information about contracts and transactions related to real estate that have been notarized;

đ) Issuing regulations on the exploitation and use of the database on contracts and transactions related to real estate that have been notarized within the local area.

2. Perform specific tasks and authorities as follows:

a) Providing guidance and resolving difficulties and obstacles in the organization and operation of notarization for notarization practice organizations within the local area; regularly organizing specialized meetings on notarization activities among notarization practice organizations within the local area;

b) Annually organizing training for notaries practicing within the local area;

c) Issuing, changing the content, and revoking the registration certificate of the notary office;

d) Receiving, examining, and reviewing applications for issuance and reissuance of notary certificates;

đ) Summarizing and reporting statistical data on the organization and operation of notarization to the Ministry of Justice and the People's Committee at the provincial level every six months and annually;

f) Other duties and powers as prescribed by law.

Article 18. Reporting System

1. Every six months and annually, notarization practice organizations are responsible for reporting to the Department of Justice in their locality on the organization and operation of notarization of their organization according to Model TP-CC-06 issued together with this Circular.

In addition to regular reports, notarization practice organizations report on the organization and operation of notarization of their organization upon request from the Department of Justice in their locality or competent state agencies.

2. Every six months and annually, the Department of Justice is responsible for reporting to the People's Committee at the provincial level on the organization and operation of notarization in the locality.

In addition to regular reports, the Department of Justice reports on the organization and operation of notarization in the locality upon request from the Ministry of Justice or the People's Committee at the provincial level.

3. Every six months and annually, the People's Committee at the provincial level reports to the Ministry of Justice on the organization and operation of notarization in the locality.

4. Reports on the organization and operation of notarization in the locality include the following main contents:

a) The situation of the organization and operation of notarization within the local area;

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.

The six-month report covers from October 1 of the previous year to March 31 of the following year and must be submitted before April 15 each year; the annual report covers from October 1 of the previous year to September 30 of the following year and must be submitted before October 15 of the following year.

Article 19. Inspection System

1. The Ministry of Justice and the People's Committees at provincial level shall carry out inspections on the organization and operation of notary practices within their respective jurisdictions.

2. Annually, the Department of Justice shall be responsible for assisting the People's Committee at provincial level to conduct inspections on the organization and operation of all notary practices within its jurisdiction. In cases where necessary, the Department of Justice may take the lead and coordinate with relevant departments and agencies to assist the People's Committee at provincial level in establishing inter-departmental inspection teams to inspect the organization and operation of notary practices in the locality. The time and content of the inspection must be notified in writing to the notary practice at least seven working days before the inspection takes place.

The Department of Justice may conduct surprise inspections upon request of the Ministry of Justice or the People's Committee at provincial level if there are indications that a notary practice or notary public has violated laws in the organization and operation of notarization.

Article 20. Transitional Provisions

1. For notary publics who have been issued cards prior to the effective date of the Notarization Law, within sixty days from the effective date of this Circular, the notary publics must complete the procedures to apply for new notary public cards in accordance with Article 3 of this Circular.

2. For notary practices which had names and signs prior to the effective date of this Circular but such names and signs do not comply with the provisions of Articles 8 and 9 of this Circular, within sixty days from the effective date of this Circular, the notary practices must change their names and signs.

Article 21. Attached Forms

This Circular hereby promulgates the following forms (Annex No. 1):

1. Curriculum vitae for appointment of notary publics (Form TP-CC-01).

2. Notary public card (Form TP-CC-02).

3. Application for issuance of notary public card (Form TP-CC-03).

4. Application for reissuance of notary public card (Form TP-CC-04).

5. Signboard of notary practice (Form TP-CC-05).

6. Report on the organization and operation of notarization of notary practice (Form TP-CC-06).

7. Notarization contract and transaction book (Form TP-CC-07).

8. Record of labor utilization (Form TP-CC-08).

Article 22. Effectiveness

1. This Circular shall take effect from August 15, 2011.

2. During implementation, if there are difficulties or obstacles, it is requested that agencies, organizations, and individuals promptly report to the Ministry of Justice for research and guidance on resolution./.