Circular No. 1411/TT-CC guiding the implementation of Decree No. 31/CP dated May 18, 1996 of the Government on the organization and operation of Notarization.

CIRCULAR

Guidelines for Implementing Decree No. 31/CP dated May 18, 1996 of the Government on the Organization and Operation of State Notarization

concerning the organization and operation of state notarization

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Pursuant to Decree No. 31/CP dated May 18, 1996 of the Government on the organization and operation of State Notarization;

Pursuant to Decree No. 38/CP dated June 4, 1993 of the Government on the functions, tasks, powers, and organization of the Ministry of Justice;

The Ministry of Justice issues guidelines for implementing Decree No. 31/CP on the organization and operation of State Notarization as follows:

I. STATE MANAGEMENT OF NOTARIZATION WORK

A. IN THE FIELD OF STATE MANAGEMENT OF NOTARIZATION WORK, THE MINISTRY OF JUSTICE SHALL PERFORM THE FOLLOWING BASIC TASKS AND POWERS:

1. Preparing legal documents for submission to the Government for issuance or issuing within its authority regarding the organization and operation of State Notarization;

2. Directing and guiding localities in establishing State Notary Offices, organizational structure, staffing, and other matters related to organization as prescribed by laws on State Notarization;

3. Directing and guiding localities in resolving difficulties related to procedures and formalities for notarization activities as prescribed by law, applying legal provisions in the certification activities of State Notary Offices, the certification activities of People's Committees at district, town, city level (hereinafter referred to collectively as district level), and People's Committees at commune, ward, town level (hereinafter referred to collectively as commune level);

4. Appointing and dismissing notaries upon the proposal of the Director of the Department of Justice; issuing and revoking notary cards;

5. Developing and implementing national training and professional development programs for notaries; organizing scientific research in notarization;

6. Developing, issuing, and guiding the use of standard forms of notarial documents and notarial ledgers to be implemented nationwide; regulating the printing and distribution of these forms;

7. Inspecting the establishment of State Notary Offices, personnel recruitment, and the implementation of policies for members of State Notary Offices;

Inspecting the performance of notarization in cases of violations of notarization as prescribed by law for State Notary Offices to implement, the procedures for certifying notarization activities, the implementation of notarial record-keeping by State Notary Offices, and the certification activities of People's Committees at district and commune levels;

Conducting inspections when there are complaints within its jurisdiction;

8. Developing and implementing international cooperation programs in notary training, computerizing notarization, and exchanging experiences in the field of notarization.

B. IN THE FIELD OF STATE MANAGEMENT OF NOTARIZATION WORK, THE CHAIRMAN OF THE PEOPLE'S COMMITTEE OF PROVINCES AND CITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT (HEREINAFTER REFERRED TO COLLECTIVELY AS PROVINCE LEVEL) SHALL PERFORM THE FOLLOWING TASKS AND POWERS:

1. Issuing decisions to establish State Notary Offices under the Department of Justice; deciding on the appointment and dismissal of the heads of State Notary Offices;

In provinces and centrally-administered cities with high demand for notarization services, several State Notary Offices may be established and numbered sequentially;

The Chairman of the People's Committee at province level decides the jurisdiction for each State Notary Office in the certification of civil transactions related to immovable property. "Jurisdiction" mentioned herein refers to one or more districts, towns, cities directly under the province of the locality;

2. Deciding on the allocation of staff positions, funding, ensuring office premises, material resources, and working equipment for the operations of each State Notary Office;

3. Deciding to establish a valuation council for types of assets invested initially by private business owners as stipulated in Article 31 of Decree No. 31/CP.

C. IN THE FIELD OF STATE MANAGEMENT OF NOTARIZATION WORK, THE DIRECTOR OF THE DEPARTMENT OF JUSTICE SHALL PERFORM THE FOLLOWING TASKS AND POWERS:

1. Drafting proposals to the Chairman of the People's Committee at province level regarding the establishment of State Notary Offices;

2. Proposing the Minister of Justice to appoint notaries;

3. Selecting from among appointed notaries to propose the Chairman of the People's Committee at province level to appoint the head of State Notary Offices;

4. Deciding on the appointment and dismissal of deputy heads of State Notary Offices upon the proposal of the head of State Notary Offices;

5. Approving the list of translators as regular collaborators of State Notary Offices upon the proposal of the head of State Notary Offices;

6. Submitting proposals to the People's Committee at province level for decisions on staffing, recruitment, salary increases, training, and other matters for notaries and other staff of State Notary Offices according to the current cadre management system;

7. Regularly or spot-checking the activities of notarization, personnel deployment, work procedures, and the implementation of policies and benefits of State Notary Offices;

Organizing training sessions on notarization for People's Committees at district and commune levels in their respective areas together with State Notary Offices;

Inspecting the certification activities of People's Committees at district and commune levels;

8. Reporting promptly any difficulties and obstacles, seeking guidance and instructions from the Ministry of Justice and the People's Committee at province level on the organization and operation of notarization, and submitting periodic reports every six months and annually on the organization and operation of notarization to the Ministry of Justice and the People's Committee at province level.

II. STATE ORGANIZATIONS WITH AUTHORITY TO PERFORM NOTARIZATION

A. STATE NOTARY OFFICES

1. State Notary Offices under the Department of Justice have legal personality, separate bank accounts, and separate seals as prescribed by the Government.

State Notary Offices can open separate bank accounts where the head of the State Notary Office is the account holder, including budget accounts, deposit accounts, etc., according to the current regulations of the State.

State Notary Offices must have at least two notaries.

State Notary Offices shall have a head, deputy head, notaries, and other staff.

2. Criteria and conditions for appointing notaries:

a. Vietnamese citizens residing in Vietnam;

b. Having good political qualities, moral integrity, fairness, honesty, impartiality, a sense of responsibility, and the ability to fulfill assigned tasks;

c. Graduated from a university in law;

d. Has worked in legal affairs for five years or more at judicial agencies, courts, prosecution offices, notary publics, enforcement agencies, inspection bodies, customs, lawyers; legal officers at People's Committees, People's Councils, legal departments of various sectors;

đ. Has attended training courses on notarization business as prescribed by the Ministry of Justice in terms of program and content.

Notaries must engage in their work full-time and may not concurrently hold other positions in state agencies, economic organizations, nor practice independently.

The files of individuals proposed for appointment as notaries shall be carried out according to Appendix 1 of this Circular.

Notaries are issued a notary card for use while performing their duties. The format of the notary card is set forth in Appendix 2 of this Circular.

3. Notaries perform tasks as stipulated in Article 21 of Decree No. 31/CP.

While performing their duties, notaries must maintain a courteous, appropriate, and polite attitude, respecting citizens; they may not be arrogant, shirking notarization requests to other agencies.

4. The Head of the State Notary Office has the following responsibilities and authorities:

a. Establishing and directing the implementation of programs and plans for the Office’s operations; assigning tasks to notaries and staff members of the Office;

b. Managing daily operations of the Office;

c. Representing the State Notary Office in relations with other agencies and organizations;

d. Implementing personnel policies according to the delegated authority;

đ. Resolving complaints within their jurisdiction;

e. Recommending the appointment and removal of notaries;

g. Promptly reporting difficulties, obstacles, and new issues arising during the performance of notarization, seeking guidance and direction regarding organizational structure, personnel, and business practices; implementing regular reporting every six months and annually on the organization and activities of the Office to the Director of the Department of Justice and the Ministry of Justice.

The Head and Deputy Head of the State Notary Office carry out notarization tasks in the capacity of notaries.

B. PEOPLE'S COMMITTEES AT THE DISTRICT LEVEL

People's Committees at the district level shall perform the following notarization tasks:

1. Authenticating copies of documents from original documents;

2. Authenticating contracts in accordance with the guidelines provided in Part III of this Circular;

3. Authenticating other civil transactions as prescribed by law.

The Chairman assigns a Vice Chairman or Member of the People's Committee to act as the Chief of the Office to handle notarization requests within the Committee's jurisdiction and bears individual responsibility under the law for the notarizations performed.

The Head of the Justice Office assists the assigned member of the People's Committee in handling notarization.

Depending on the workload conditions of the Vice Chairman or Member acting as the Chief of the Office, the Chairman of the People's Committee may issue a decision delegating the signing of notarizations within the Committee's jurisdiction to the Head of the District Justice Office and affixing the seal of the People's Committee.

C. PEOPLE'S COMMITTEES AT THE COMMUNE LEVEL

People's Committees at the commune level shall perform the following notarization tasks:

1. Notarizing wills;

2. Authenticating the refusal to accept inheritance;

3. Authenticating other matters as prescribed by law.

The Chairman or Vice Chairman of the People's Committee at the commune level responsible for justice performs notarization tasks within the Committee's jurisdiction and bears individual responsibility under the law for the notarizations performed; they may not delegate authority for notarization.

D. FOREIGN REPRESENTATIVE ORGANIZATIONS OR CONSULAR OFFICES OF THE SOCIALIST REPUBLIC OF VIETNAM ABROAD.

Foreign representative organizations or consular offices of the Socialist Republic of Vietnam abroad shall handle notarization requests from Vietnamese citizens and organizations abroad in accordance with the Consular Ordinance.

The procedures and formalities for notarization at foreign representative organizations or consular offices must comply with the provisions of the Consular Ordinance, Decree No. 31/CP dated May 18, 1996 of the Government, and the guidance of this Circular. Consular officials performing notarization at foreign representative organizations or consular offices bear individual responsibility under the law for the notarizations performed and are subject to state management by the Ministry of Justice and the Ministry of Foreign Affairs in handling notarization requests.

III. PROCEDURES AND FORMALITIES FOR PERFORMING NOTARIZATION

A. NOTARIZATION OF CONTRACTS

1. Contracts related to immovable property: purchase and sale contracts for houses, gift contracts for immovable property, exchange contracts for immovable property, auction sale contracts for immovable property, lease contracts for houses, lease contracts for immovable property, mortgage contracts for immovable property shall be certified by the State Notary Office with jurisdiction over the location of the immovable property.

Contracts related to immovable property in districts outside the jurisdiction of the State Notary Office shall be authenticated by the People's Committee at the district level.

2. Notarization of contracts related to jointly owned assets must comply with the provisions of Article 237 and other relevant provisions of the Civil Code.

In cases where one of the joint owners is missing, the contract can only be notarized when the party presents a valid court decision declaring the person missing.

3. If the immovable or movable property must be registered according to the law, then when notarizing the contract, the owner must present the original Certificate of Ownership.

4. Individuals requesting notarization must clearly declare the status of the asset; if the asset is in dispute, seized for the fulfillment of another obligation, pledged, or mortgaged, then the contract related to that asset cannot be notarized, except as provided in Articles 342 and 360 of the Civil Code.

5. When requesting notarization of a contract, the parties must present the following identity documents:

a) Identity card or other valid identification, if the person is a foreigner, they must present a passport;

b) If it is a representative, they must present documents proving their representative status and scope of authority;

c) Other relevant documents as prescribed by law.

6. The draft contract may be prepared by the parties themselves or drafted by the notary upon request of the parties.

The content of the contract must not violate the law or social morality. If there is a model contract issued by a competent state agency, the contract must comply with that model.

At the end of the contract, the number of pages, the number of contract copies, and the person entrusted to keep them must be recorded.

7. When receiving the dossier, the notary public must check the legality of the documents contained therein; if there are unclear issues or doubts, they must verify them.

8. The notary public reads the full draft contract to all parties; explains clearly the rights and obligations of each party, and the legal responsibility when the contract is void according to the Civil Code or when the parties violate the contract.

If all parties agree with all terms in the draft contract, they must sign each page and sign their names at the end of the contract in front of the notary public.

The notary public stamps across the last page of the contract, records their testimony, specifies the date, month, and year of certification, signs, and stamps the certification seal.

B. CERTIFICATION OF WILL

1. The State Notary Office or the People's Committee of the commune certifies the will upon the request of the testator.

2. When requesting certification of the will, the party must submit the will and present the Identity Card; if the will involves transferring assets to another person and such assets require registration of ownership according to the law, then the Certificate of Ownership of the asset must also be presented.

3. The notary public must check the documents presented by the party, determine the capacity of the testator; the notary public must ask questions to ascertain whether the testator is lucid, sane, and has not been deceived, threatened, or coerced.

The certification of a will shall be carried out in accordance with the provisions of the Civil Code on inheritance and must ensure confidentiality; in necessary cases, the statements of the testator may be recorded.

After reviewing the content of the will, the notary public certifies it. The notary public does not certify a will through a representative, nor does the notary certify a will containing content that violates the law or social morality.

The original will and audio recordings must be stored at the State Notary Office or the People's Committee of the commune where the will was certified.

4. In case the testator requests amendments or additions to a previously certified will, such amendments or additions must also be certified following the procedures for drafting a will.

C. STORAGE OF THE WILL

1. The State Notary Office accepts storage of the will upon the request of the testator.

In cases where the will has already been certified, apart from storing the will at the State Notary Office, the testator may request the State Notary Office to store the will.

2. Upon accepting the storage of the will, the notary public must issue two storage receipts according to the model, one copy given to the testator and one copy retained at the State Notary Office.

The stored will must be sealed in the presence of the testator and recorded in the register.

3. In cases where the will is stored at the State Notary Office, the notary public is responsible for announcing the will. Opening the seal and announcing the will must be documented in a record signed by the notary public and those with relevant rights and interests. The notary public must send a copy of the will to all persons related to the content of the will. This copy must be certified by the notary public. Comparing the copy of the will with the original, translating the will from a foreign language into Vietnamese or vice versa, shall be carried out according to the provisions of the Civil Code.

D. CERTIFICATION OF REFUSAL TO ACCEPT INHERITANCE

1. The person requesting certification of refusal to accept inheritance must submit a request form and present the Identity Card or other valid documents.

2. The notary public will not certify the refusal to accept inheritance if it exceeds the time limit stipulated in Article 645 of the Civil Code.

Đ. CERTIFICATION OF THE MINUTES OF THE VALUATION BOARD FOR INITIAL INVESTMENT ASSETS OF PRIVATE ENTERPRISES

1. The State Notary Office certifies the minutes of the Valuation Board for Initial Investment Assets of Private Enterprises upon the request of the private enterprise owner.

The notary public may be invited to attend when the Valuation Board conducts the valuation process.

2. The private enterprise owner must present the Identity Card, Certificate of Ownership of the Asset, Decision to Establish the Valuation Board, and the Valuation Minutes of the Valuation Board.

3. The notary public certifies the minutes of the Valuation Board after checking the documents presented by the party, examining the content of the valuation minutes, and verifying the composition of the Valuation Board with the Decision to Establish the Valuation Board.

E. CERTIFICATION OF TRANSLATION

1. The State Notary Office certifies the translation upon the request of the party.

2. The person requesting certification of the translation must present the original of the translation to the State Notary Office.

The notary public certifies the signature of the translator of the translation.

The State Notary Office stores the translation and a copy of the original.

G. CERTIFICATION OF SHIPPING PROTEST

1. The notary public receives the Shipping Protest drafted by the ship captain regarding events occurring during the voyage or while docked at a port.

2. After reviewing the Shipping Protest, the notary public certifies the time when the ship captain submitted the Shipping Protest. If more than 24 hours have passed since the incident occurred or since the ship docked at the port after the incident, the notary public will not certify the submission of the Shipping Protest.

H. ISSUING AND CERTIFYING COPIES

1. The competent authority issues copies.

The civil status registration office, which has issued the original certificates including Birth Certificates, Marriage Certificates, Death Certificates, and other civil status documents, has the right to issue copies of these documents.

Schools, training institutions, and educational facilities, which have issued the original diplomas, certificates, and other documents, have the right to issue copies of these documents.

Other organizations and entities authorized by law to issue other documents also have the right to issue copies of these documents.

2. Certification of copies

a) The party may request notarization of a copy at any State Notary Office.

b) A copy from the original can be a reprint, photocopy, or typed version; however, the party must present the original for comparison.

Only copies from originals issued by authorized agencies or organizations shall be notarized; if the copy consists of two pages or more, it must have a seam seal.

c) The notary public is only responsible for notarizing copies from the original and is not responsible for how the party uses the copy.

d) When notarizing a copy, the following must be done:

- Verify the legality of the original. In cases where the original is suspected to be fake, it must be appraised or verified at the agency that issued the original;

- If the party already has a copy, then the contents copied from the original must be compared and reviewed.

đ) Copies of the following documents shall not be notarized:

- Documents and materials containing content contrary to the law;

- Originals of documents and materials that have been erased, altered, added to, or subtracted from, or are damaged and worn out to the point that their content cannot be clearly determined; originals of documents and materials issued beyond authority or improperly;

- Copies from copies, FAX copies, including copies that have been notarized;

- Legal regulations; decisions, circulars, documents with classified levels determined by state agencies, mass organizations, social organizations, and economic organizations; materials prohibited from being published on mass media;

- Invoices, vouchers, receipts, tickets, bonds, stocks, promissory notes, and other documents valued in money;

- Documents related to entry and exit, import and export;

- Maps and drawings of various types;

- Petitions, letters, and self-prepared documents without certification from authorized state agencies;

- Other documents that are prohibited from being notarized under the law.

IV. FORM OF NOTARIZED DOCUMENTS

1. Notarized documents must be clearly expressed.

Handwriting in notarized documents may be handwritten, typed, or printed; abbreviations or symbols are not allowed; lines must not be crossed out, overwritten, or added to; in cases of technical errors requiring correction, such corrections must be acknowledged by the notary and stamped.

The date, month, and year when the notary signs the notarized document must be recorded both numerically and in words; hours and minutes may also be recorded if requested by the party or deemed necessary by the notary.

Related monetary figures must also be recorded in words.

2. If the notarized document consists of two pages or more, each page must be numbered sequentially, and if there are two or more pages, they must be sealed with a seam seal.

3. Parties and witnesses must sign or affix their fingerprints before the notary. The notary must sign in front of the parties and witnesses.

V. NOTARIAL FILES AND STORAGE REGIME

1. Notarial files, which include the original notarized document and accompanying papers and materials, must be stored. Papers and materials within the file must be listed in a directory for easy reference.

2. Notarial files must be numbered and organized according to the type of notarization and chronological order consistent with entries in the Notary Register.

3. Notarial files must be securely preserved, with safety measures implemented to prevent fire, moisture, and pests.

4. Notarial files must be stored long-term at the agency that performed the notarization.

For copies, the retention period is five years. When destroying copies, a Committee must be present.

VI. DISPUTE RESOLUTION AND COMPLAINT HANDLING

A. COMPLAINT HANDLING

1. Complaints regarding the notary's professional activities shall be resolved by the Head of the State Notary Office, who must respond to the complainant within ten days from the date of receipt of the complaint; if the party disagrees with the resolution of the Head of the State Notary Office, they have the right to appeal to the Director of the Department of Justice, who will examine, resolve, and respond to the party within fifteen days from the date of receipt of the complaint.

2. In cases of complaints regarding the professional activities of the Head of the State Notary Office, the Head of the State Notary Office shall examine, resolve, and respond to the complainant within fifteen days from the date of receipt of the complaint; if the party disagrees with the resolution of the Head of the State Notary Office, they have the right to appeal to the Director of the Department of Justice. The Director of the Department of Justice shall examine, resolve, and respond to the complainant within twenty days from the date of receipt of the complaint.

B. REPORT HANDLING

Reports of illegal actions by the Head, Deputy Head of the State Notary Office, notary public, and other staff members of the State Notary Office shall be handled in accordance with the Law on Complaints and Reports of Citizens.

During the implementation of notarization work, if new issues arise that are not regulated by law and cause difficulties, the Head of the State Notary Office and the Director of the Department of Justice must promptly report and seek opinions from the Ministry of Justice to resolve them.