This Circular stipulates the code number and standards for the profession titles of notaries, auctioneers, legal assistance, and business support in the judicial sector. It applies to civil servants working at public service units under the Department of Justice and units under the Ministry of Justice. Notably, it specifies the educational qualifications, training requirements, and professional competence standards for each position.
适用范围
Civil servants working at public service units under the Department of Justice and units under the Ministry of Justice.
要点
- Civil servant notary - Code number: V02.02.01, requires a bachelor's degree in law and having been appointed as a notary.
- Civil servant auctioneer - Code number: V02.03.01, requires a bachelor's degree or higher in one of the fields of law, economics, business administration, accounting, auditing, finance, banking, and having obtained a Professional Practice Certificate for Auctions.
- Civil servant legal assistant grade II - Code number: V02.04.01, requires a bachelor's degree in law or higher and a certificate of training in journalism-related skills (if in the field of legal aid).
- Civil servant business support grade II - Code number: V02.05.01, requires a bachelor's degree in law or higher for the field of notarization and legal aid; a bachelor's degree or higher in one of the fields of law, economics, business administration, accounting, auditing, finance, banking for the field of asset auctions.
- Civil servant legal assistant grade III - Code number: V02.04.02, requires a bachelor's degree in law or higher and a certificate of training in journalism-related skills (if in the field of legal aid).
- Civil servant business support grade III - Code number: V02.05.02, requires a bachelor's degree in law or higher for the field of notarization and legal aid; a bachelor's degree or higher in one of the fields of law, economics, business administration, accounting, auditing, finance, banking for the field of asset auctions.
🌐 本文件的社会影响
- Positive impact: Creates a clear legal basis for the appointment and management of civil servants in the fields of notarization, auctions, legal aid, and business support.
- Negative impact: May increase the burden of education and training for current civil servants.
❓ 常见问题
What conditions must a civil servant notary meet?
Must have a bachelor's degree in law and have been appointed as a notary.
What educational qualifications are required for a civil servant auctioneer?
Requires a bachelor's degree or higher in one of the fields of law, economics, business administration, accounting, auditing, finance, banking, and having obtained a Professional Practice Certificate for Auctions.
Does a civil servant legal assistant grade II need a certificate of training in journalism-related skills?
Yes, if in the field of legal aid. In cases where the person has a bachelor's degree or higher in journalism, this requirement is waived.
What educational qualifications are required for a civil servant business support grade III?
Requires a bachelor's degree in law or higher for the field of notarization and legal aid; a bachelor's degree or higher in one of the fields of law, economics, business administration, accounting, auditing, finance, banking for the field of asset auctions.
When does this Circular take effect?
Takes effect from February 10, 2025.
全文
CIRCULAR
Regulations on code numbers and standards for occupational titles of notaries,
auctioneers, legal aid and professional support in the field of judiciary
Pursuant to the Notarization Law dated June 20, 2014;
WHEREAS pursuant to the Auction Law dated November 17, 2016; the Law Amending and Supplementing Certain Provisions of the Auction Law dated June 27, 2024 November 17, 2016; Law amending and supplementing certain articles of the Auction Law dated June 27, 2024;
Pursuant to the Legal Aid Law dated June 20, 2017;
Pursuant to the Civil Servant Law dated November 15, 2010; and the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Civil Servant Law dated November 25, 2019;
Based on the proposal of the Director of the Cadre and Civil Servant Department; Decree No. 85/2023/ND-CP dated July 7 the 12 year 2023 of the Government amending and supplementing certain articles of Decree No. 115/2020/ND-CP dated September 25, 2020 of the Government on recruitment, use, and management of civil servants;
Pursuant to Decree No. 98/2022/NĐ-CP dated 29 the 11 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;22 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
At the proposal of the Director of the Judicial Assistance Bureau and the Director of the Legal Aid Bureau The Minister of Justice issues this Circular regulating code numbers and standards;
for occupational titles of notaries, auctioneers, legal aid, and professional support This Circular regulates code numbers and standards for occupational titles of notaries, auctioneers, legal aid, and professional support in the field of judiciary. in the field of justice.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. Civil servant working as a notary at a public service unit under the Department of Justice.
Article 2. Applicability
This Circular applies to:
2. Civil servant working as an auctioneer at a public service unit under the Department of Justice.
3. Civil servant providing legal aid working at a public service unit under the Ministry of Justice and a public service unit under the Department of Justice.
4. Civil servant providing professional support working at a public service unit under the Department of Justice.
Chapter 1. GENERAL STANDARDS ON PROFESSIONAL ETHICS
Article 4. General Standards on Professional Ethics
1. Having good political qualities and ethics; strictly implementing the Party's guidelines and the State's policies and laws.
2. Adhering to the ethical standards of civil servants in the Judiciary sector.
3. Adhering to the ethical rules and regulations according to the occupational titles (if applicable).
Chapter 2. STANDARDS FOR THE OCCUPATIONAL TITLE OF NOTARY
Article 5. Duties of the Occupational Title of Notary
1. Chairing or participating in researching, drafting, and organizing the implementation of notarization documents, programs, plans within the locality or as assigned.
Chapter II
OCCUPATIONAL STANDARDS
2. Chairing or participating in summarizing, concluding, reporting, and statistical activities regarding notarization organization and operation in the locality with the competent state management agency on notarization; participating and coordinating with specialized agencies in inspecting and supervising notarization and certification work of notary organizations and People's Committees at communes, wards, and towns as assigned.
3. Performing professional tasks as prescribed by the law on notarization.
4. Cooperating with local agencies and organizations to implement tasks and solutions in the field of notarization.
5. Performing other tasks as assigned.
Article 6. Standards on Education and Training for the Occupational Title of Notary
1. Holding a bachelor's degree in law.
2. Having been appointed as a notary.
1. Chair or participate in researching, drafting, and organizing the implementation of consolidated documents, projects, programs, and plans for notarization within the local area or as assigned.
2. Chair or participate in conducting mid-term reviews, final evaluations, reporting systems, and statistics on the organization and activities of notarization at the local level with state management agencies responsible for notarization; participate and coordinate with specialized agencies to inspect and audit notarization and certification work of notary practice organizations and People's Committees of communes, wards, and towns as assigned.
3. Perform professional tasks according to the laws on notarization.
4. Coordinate with agencies and organizations in the locality to implement tasks and solutions in the field of notarization.
5. Perform other tasks as assigned.
Article 6. Standards for educational qualifications and training of the notary profession position
1. Hold a bachelor's degree in law.
2. Have been appointed as a notary public.
Article 7. Standards for professional qualifications and expertise of the Notary Public position
1. Mastering and having the ability to apply and implement Party guidelines, policies, and state laws on notarization and related fields.
2. Having the ability to perform duties and powers of a Notary Public as prescribed by law.
3. Having the ability to guide and answer questions regarding professional knowledge, expertise, and notarization skills.
4. Possessing the ability to research, synthesize, analyze, evaluate, persuade, organize work implementation, and resolve emerging issues and handle situations within the field of notarization.
5. Having the ability to coordinate with relevant agencies, organizations, and individuals when performing notarization tasks.
6. Having basic information technology skills and language proficiency according to job position requirements.
Section 3. STANDARDS FOR THE APPRAISER POSITION
Article 8. Duties of the Appraiser position
1. Leading or participating in researching, drafting, and implementing documents, projects, programs, and plans on asset auctions within the local area or as assigned.
2. Leading or participating in summarizing, concluding, reporting, and statistical activities on organizing and operating asset auctions at the local level with the competent state management agency.
3. Performing specialized and professional tasks as prescribed by law on asset auctions.
4. Coordinating with local agencies and organizations to implement tasks and solutions in the field of asset auctions.
5. Perform other tasks as assigned.
Article 9. Standards for educational training and development of the Appraiser position
1. Holding a bachelor's degree or higher in one of the following fields: law, economics, business administration, accounting, auditing, finance, or banking.
2. Having obtained a Professional Certificate for Auctions.
Article 10. Standards for professional qualifications and expertise of the Appraiser position
1. Mastering and having the ability to apply and implement Party guidelines, policies, and state laws on asset auctions and related fields.
2. Having the ability to perform duties and powers of an Appraiser as prescribed by law.
3. Possessing knowledge and understanding of the legal system and specialized knowledge related to auctioned assets, procedures, and auction processes.
4. Proficiently executing auction-related professional skills; directly managing asset auctions in accordance with legal regulations.
5. Having the ability to guide professional knowledge, expertise, and skills in performing auction-related tasks.
6. Having the ability to research, synthesize, analyze, evaluate, persuade, organize work implementation, and resolve emerging issues and handle situations within the field of asset auctions.
7. Having the ability to coordinate with relevant agencies, organizations, and individuals when performing auction tasks.
8. Having basic information technology skills and language proficiency according to job position requirements.
Section 4. STANDARDS FOR THE LEGAL ASSISTANCE POSITION
Article 11. Duties of the Legal Assistant Level II position
1. Legal Assistants Level II perform the following general tasks:
a) Leading or participating in drafting documents, projects, programs, and plans on practicing the legal profession and legal advice; receiving, processing information, and providing legal assistance; providing information and advising on notarization.
b) Leading or participating in drafting guidance and answering questions arising during the practice of the legal profession and legal advice; receiving, processing information, and providing legal assistance; providing information and advising on notarization.
c) Leading in developing materials, organizing training, and enhancing professional skills in state management of practicing the legal profession and legal advice; receiving, processing information, and providing legal assistance; providing information and advising on notarization.
d) Participating in developing materials, serving as lecturers or speakers on practicing the legal profession and legal advice; receiving, processing information, and providing legal assistance; providing information and advising on notarization.
đ) Leading or participating in inspecting, analyzing, evaluating inspection reports; drafting summary and conclusion reports on receiving, processing information, and providing legal assistance; providing information and advising on notarization.
2. In addition to the general tasks stipulated in Clause 1 of this Article, Legal Assistants Level II working at public institutions under Ministries will perform specific professional tasks based on the nature of their unit’s work:
a) Leading or participating in building, managing, and operating electronic information portals, systems, and databases for the sector/field to receive, provide, process information, and offer legal assistance.
b) Leading or participating in researching and answering questions from citizens and businesses; coordinating with related units to carry out legal advisory activities, legal assistance, and legal practice guidance.
c) Leading or participating in editing, processing legal information, reflections, and recommendations related to cases handled by the Ministry of Justice to meet the information needs of state agencies, individuals, and organizations.
d) Developing a team of contributors for the electronic information portal to ensure technical conditions and security measures for the portal.
đ) Leading the provision of legal advice and legal aid to citizens, businesses, and localities in accordance with the law.
e) Organizing legal practice for students and lecturers.
g) Performing other tasks as assigned.
3. In addition to the general tasks stipulated in Clause 1 of this Article, Legal Assistants Level II working at public institutions under Provincial Departments of Justice shall perform the following task:
Leading or participating in providing information and advising on notarization as prescribed and assigned by the unit leadership.
Article 12. Duties of Legal Support Professional Rank III
1. Legal support professionals of Rank III shall perform the following general duties:
a) Participate in drafting documents, projects, programs, and plans related to the practice of law and legal consultation; receive, process information, and provide legal support;
b) Participate in developing guidelines and answering questions arising during the practice of law and legal consultation; receive, process information, and provide legal support;
c) Participate in developing materials, organizing training sessions, and enhancing professional skills in state management related to the practice of law and legal consultation; receive, process information, and provide legal support;
d) Participate in developing materials, serving as lecturers and speakers on the practice of law and legal consultation; receive, process information, and provide legal support;
đ) Participate in inspecting, analyzing, and evaluating inspection reports; draft interim and final reports on the reception, processing of information, and provision of legal support;
2. In addition to the general duties stipulated in Clause 1 of this Article, legal support professionals of Rank III working at public service units under Ministries shall perform specific professional duties based on the nature of their work unit as follows:
a) Participate in building, managing, and operating electronic information portals, information systems, and databases for the sector/field to receive, provide, process information, and offer legal support;
b) Participate in researching and answering questions from citizens and businesses; coordinate with relevant units to carry out legal consultation activities, legal support, and legal guidance;
c) Participate in editing, processing legal information, reflections, and recommendations related to cases within the jurisdiction of the Ministry of Justice to meet the information needs of state agencies, individuals, and organizations;
d) Participate in developing a team of contributors for electronic information portals ensuring technical conditions and security measures for such portals;
đ) Participate in providing legal advice and legal assistance to citizens, businesses, and localities in accordance with the law;
e) Participate in organizing legal practice for students and lecturers;
g) Performing other tasks as assigned.
3. In addition to the general duties stipulated in Clause 1 of this Article, legal support professionals of Rank III working at public service units under Departments of Justice shall perform the following duty:
Participate in providing information support and notarization consultation in accordance with regulations and assignments by unit leadership.
Article 13. Qualifications and Training Standards for Legal Support Professional Rank II and Rank III
The qualifications and training standards for Legal Support Professional Rank II and Rank III require a bachelor's degree in law or higher. For Legal Support Professional Rank II and Rank III in the field of legal aid, in addition to having a bachelor's degree in law or higher, they must also have a certificate in journalism vocational training issued by an authorized training institution. Individuals holding a bachelor's degree or higher in journalism are exempt from the requirement for a journalism vocational training certificate.
Article 14. Professional standards for Legal Support Officer Level II and Level III
1. Proficiently grasp and have the ability to apply and implement Party guidelines, policies, and State laws in legal support work.
2. Possess the ability to provide professional guidance, skills in performing legal support tasks.
3. Conduct research, synthesis, analysis, evaluation, persuasion, organization, implementation of work, and resolution of emerging issues, handling situations related to legal support.
4. Coordinate with relevant agencies, organizations, and individuals when conducting legal support activities.
5. Have basic information technology skills and language proficiency according to job position requirements.
Section 5. STANDARDS FOR LEGAL SUPPORT OFFICER TITLES
Article 15. Duties of Legal Support Officer Level II
1. Carry out professional activities in the notarization field
a) Lead or participate in drafting and implementing documents, policies, and completing assigned tasks within the scope of work;
b) Assist in reviewing, participating in drafting notarization document drafts as assigned;
c) Lead in guiding notarization procedures for contracts and transactions for organizations and individuals upon request, as directed by the notary;
d) Perform other assigned tasks.
2. Carry out professional activities in the asset auction field
a) Lead or participate in drafting and implementing documents, policies, and completing assigned tasks within the scope of work;
b) Assist in organizing asset auctions;
c) Serve as secretary for auctions organized by the Asset Auction Service Center, record auction proceedings, and draft auction documents;
d) Guide customers in viewing auctioned assets, understanding asset files, and completing registration procedures for participation in auctions;
đ) Perform other tasks assigned;
3. Carry out professional activities in the legal aid field
a) Lead or participate in drafting and implementing documents, policies, and completing assigned tasks within the scope of work;
b) Perform professional activities according to the guidance and assignment of the supervising lawyer as stipulated by law (if applicable);
c) Lead in monitoring legal aid activities for special groups;
d) Lead or participate in organizing surveys on legal aid needs;
đ) Participate in organizing conferences, seminars, roundtables, experience exchanges, and vocational training in legal aid and legal knowledge;
e) Participate in legal and legal aid communication work;
g) Perform other tasks assigned;
Article 16. Duties of Legal Support Officer Level III
1. Carry out professional activities in the notarization field
a) Participate in drafting and implementing documents, policies, and completing assigned tasks within the scope of work;
b) Assist in drafting notarization document drafts as assigned;
c) Guide notarization procedures for contracts and transactions for organizations and individuals upon request, as directed by the notary;
d) Perform other assigned tasks.
2. Carry out professional activities in the asset auction field
a) Participate in drafting and implementing documents, policies, and completing assigned tasks within the scope of work;
b) Participate in organizing asset auctions as assigned;
c) Directly guide customers in viewing auctioned assets, understanding asset files, and completing registration procedures for participation in auctions;
d) Perform other assigned tasks.
3. Carry out professional activities in the legal aid field
a) Participate in drafting and implementing documents, policies, and completing assigned tasks within the scope of work;
b) Perform professional activities according to the guidance and assignment of the supervising lawyer as stipulated by law (if applicable);
c) Monitor legal aid activities for special groups;
d) Perform administrative tasks, prepare materials, and participate in legal aid programs at the grassroots level;
đ) Participate in organizing surveys on legal aid needs;
e) Participate in preparing materials and documents for conferences, seminars, roundtables, experience exchanges, and vocational training in legal aid and legal knowledge;
g) Participate in legal and legal aid communication work;
h) Perform other assigned tasks.
Article 17. Standards for educational qualifications and training of support positions at level II and level III
The standards for educational qualifications and training of support positions at level II and level III are bachelor's degree in law or higher for notarization and legal aid fields; having a bachelor's degree or higher in one of the following fields: law, economics, business administration, accounting, auditing, finance, banking for asset auction fields.
Article 18. Standards for professional competence of support positions
1. Proficiently grasp and have the ability to apply and implement Party guidelines, policies, and state laws in support work.
2. Have the ability to guide professional knowledge and skills, and perform support tasks.
3. Conduct research, synthesis, analysis, evaluation, persuasion, organize implementation of tasks, and resolve emerging issues and handle support situations.
4. Coordinate with relevant agencies, organizations, and individuals when performing support tasks.
5. Have basic information technology skills and language proficiency according to job position requirements.
Chapter III
IMPLEMENTING PROVISIONS
Article 19. Transitional Provisions
1. From the date this Circular takes effect, civil servants holding other ranks or positions who meet all the standards for educational qualifications and training, and professional competence for notary, auctioneer, legal support, and support positions shall be considered for appointment to these positions.
2. Civil servants working at public service units under the Department of Justice in the notarization field who were appointed as notaries before the Notarization Law No. 53/2014/QH13 took effect shall be recognized as meeting the requirements for educational qualifications and training for the notary position as stipulated in Article 6 of this Circular.
3. Civil servants working at public service units under the Department of Justice in the asset auction field who have been issued an Auctioneer Card according to Decree No. 05/2005/NĐ-CP dated January 18, 2005 of the Government on Asset Auctions and have been issued a Professional Practice Certificate according to Decree No. 17/2010/NĐ-CP dated March 4, 2010 on Asset Auctions, and the Asset Auction Law No. 01/2016/QH14 shall be recognized as meeting the requirements for educational qualifications and training for the auctioneer position as stipulated in Article 9 of this Circular.
Article 20. Effectiveness and Responsibility for Implementation
1. This Circular takes effect from February 10, 2025.
2. The Director of the Legal Aid Bureau, the Director of the Legal Aid Bureau, the Director of the State Compensation Bureau, the President of the Institute of Justice, the Rector of the University of Law, Hanoi, the Rector of the Northern College of Law, the Rector of the Central College of Law, the Rector of the Southern College of Law, the Heads of units under the Ministry related to this matter, the Directors of the Department of Justice, the Directors of the Department of Personnel and Administration of provinces and centrally-administered cities; the Heads of public service units under the Department of Justice in the asset auction, notarization, and legal aid fields, and related organizations and individuals are responsible for implementing and organizing the execution of this Circular.
3. In the course of implementation, if there are difficulties, please report to the Ministry of Justice for consideration and resolution./.
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