Joint Circular No. 13/2010/TTLT-BTP-TANDTC-VKSNDTC guiding the procedures for implementing certain tasks of Notaries conducting a pilot program in Ho Chi Minh City

JOINT CIRCULAR

Guidelines for Procedures to Carry Out Certain Tasks of

Notaries Conducting Pilot Programs in Ho Chi Minh City

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Pursuant to the Civil Enforcement Law on November 14, 2008;

Pursuant to Resolution No. 24/2008/QH12 dated November 14, 2008 of the National Assembly, Session XII, on the Implementation of the Civil Execution Law;

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;

The Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy have jointly issued guidelines for procedures to carry out certain tasks of notaries conducting pilot programs in Ho Chi Minh City as follows:

PART I

SERVING COURT AND CIVIL EXECUTION AGENCY DOCUMENTS

Article 1. Types of Documents that Notaries May Serve

Based on agreements with the People's Courts and Civil Execution Agencies, notaries may serve various types of documents, including:

1. Notices, summonses, invitations; decisions to bring cases to trial; judgments and decisions in cases where the People's Courts at all levels in Ho Chi Minh City (excluding the Ho Chi Minh City branch of the Supreme People's Court of Appeals) conduct trials in absentia.

2. Decisions on execution, notices, and summonses of the Civil Enforcement Agency and its branches in Ho Chi Minh City.

Article 2. Contracting for Service of Serving and Receiving Documents

1. The Notary Office shall enter into service contracts for serving documents with the People's Courts and Civil Execution Agencies in accordance with Article 24 of Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government and civil law regulations.

The service contract shall be drafted according to the model form issued by the Ministry of Justice under Circular No. 03/2009/TT-BTP dated September 30, 2009 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 conducting pilot programs in Ho Chi Minh City.

2. The delivery and receipt of served documents shall be conducted daily and recorded in the Delivery and Receipt Register according to the model form issued by the Ministry of Justice. In necessary cases, the Civil Execution Agency and the Court may agree with the notary to immediately serve documents even on holidays or outside regular working hours.

Article 3. Completion of Service

Service is considered completed when the notary has fulfilled all procedures as prescribed by law, including public posting in cases where direct service is impossible but public posting is required by procedural and civil execution laws, except where the service contract between the notary office and the Court or Civil Execution Agency provides otherwise.

Chapter II

ESTABLISHING VI BYEUNG

Article 4. Review and Evaluation of the Legal Value of Evidence Records

Evidence records established by notaries have evidentiary value for the Court to consider when resolving cases in accordance with the law. During the evaluation and review of the evidentiary value of evidence records, if deemed necessary, the Court may summon the notary to clarify the authenticity of the evidence record.

Article 5. Correction of Technical Errors in Evidence Records

In cases where there are technical errors in recording, typing, or printing evidence records without affecting their authenticity, the notary may correct these errors. If the evidence record has been delivered to the requesting party and registered with the Ho Chi Minh City Department of Justice, the notary must notify the requesting party and the Department of Justice in writing about the correction of technical errors.

Evidence records consisting of two pages or more must be sequentially numbered and stamped with a cross-stamp.

Chapter III

SUPERVISION OF NOTARY ACTIVITIES

Article 6. Scope and Authority of Supervision over the Activities of Notaries

1. The People's Procuracy at the district level where the notary office is located has the authority to supervise compliance with laws in the activities of serving legal documents for enforcement and in the execution of civil judgments by notaries in accordance with the Law on Organization of the People's Procuracy and the Civil Enforcement Law.

2. Supervision of compliance with laws in the activities of serving court documents shall be carried out in accordance with the Law on Organization of the People's Procuracy and the procedural law.

Article 7. Objections and Suggestions of the People's Procuracy against the Activities of Notaries

1. The People's Procuracy at the district level where the notary office is located has the right to object to decisions and acts of law of the Director of the notary office and notaries within fifteen days from the date of receipt of the decision or discovery of the violation. The Director of the notary office is responsible for responding to objections within fifteen days from the date of receipt of the objection. If the objection is accepted, the Director of the notary office must implement the content of the objection within five working days from the date of issuance of the response. If the Director of the notary office disagrees with the objection, he/she may request the Director of the Civil Enforcement Bureau of Ho Chi Minh City to review it. The Director of the Civil Enforcement Bureau of Ho Chi Minh City is responsible for responding within thirty days from the date of receipt of the request; the response of the Director of the Civil Enforcement Bureau of Ho Chi Minh City shall take effect.

In case the response to the objection is deemed to lack grounds, the Chief Prosecutor of the Supreme People's Procuracy may request the Minister of Justice to reconsider the response that has taken effect issued by the Director of the Civil Enforcement Bureau of Ho Chi Minh City.

2. The suggestions and requests of the People's Procuracy regarding the activities of notaries shall be implemented in accordance with the Law on Organization of the People's Procuracy and the Civil Enforcement Law.

Chapter IV

IMPLEMENTATION

Article 8. Effective Date

1. This Circular takes effect from August 30, 2010.

2. During implementation, if there are any difficulties, the relevant civil enforcement agencies, people's courts, people's procuracies, and notary offices shall promptly report to the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy for appropriate resolution./.