Decision No. 224/QD-TTg approves the pilot scheme for notary publics in Ho Chi Minh City from 2009 to 2012. The scheme focuses on determining the effectiveness of notary publics in judicial activities, particularly in civil enforcement proceedings.
Đối tượng áp dụng
Notary Public and Notary Public Office in Ho Chi Minh City
Các điểm cốt lõi
- Individuals wishing to be appointed as notary publics must have a bachelor's degree in law, at least five years of work experience in the legal field, have attended training courses on the profession of notary public, and not hold other positions concurrently.
- Notary publics carry out their profession through notary public offices, which are organized as private enterprises or partnerships. The office has its own headquarters, seal, and separate account.
- Notary publics perform tasks such as verifying conditions for enforcement, serving court documents, establishing notarial acts, and other tasks as prescribed by law.
- Complaint resolution regarding the activities of notary publics shall be completed within 30-45 days. If dissatisfied, the complainant may initiate litigation.
- Notary publics charge fees based on the principle of applying current regulations for services with established fees, while other services are negotiated with the requesting party.
🌐 Tác động xã hội từ văn bản này
- Creating opportunities for socialization of certain judicial activities, reducing the burden on the State.
- Helping to enhance efficiency in civil enforcement and other notary public tasks.
- May create new costs for businesses and individuals when using notary public services.
❓ Câu hỏi thường gặp
What conditions must be met to be appointed as a notary public?
Individuals wishing to be appointed as notary publics must have a bachelor's degree in law, at least five years of work experience in the legal field or previously served as judges, prosecutors, enforcement officers, notaries, arbitrators, investigators, or lawyers. They must also have attended training courses on the profession of notary public and not hold other positions concurrently (Article 3).
How can notary publics operate?
Notary publics can establish offices as private enterprises or partnerships. The head of a notary public office must be a notary public (Article 4).
How do notary publics charge fees?
Notary publics charge fees based on the principle of applying current regulations for services with established fees, while other services are negotiated with the requesting party (Article 6).
How are complaints against the activities of notary publics resolved?
The Director of the Department of Justice resolves complaints within 30 days from the date of receipt. In case of disagreement, the complainant may appeal to the Minister of Justice; the Minister of Justice resolves appeals within 45 days (Article 7).
For how long are notary public offices exempt from corporate income tax?
Notary public offices (in the form of private enterprises or partnerships) are considered for exemption from corporate income tax according to the provisions of the law during the pilot period, from 2009 to 2012 (Article 8).
Toàn văn
Pursuant to …;
Approving the Pilot Program for the Establishment of Notaries in Ho Chi Minh City
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to Resolution No. 24/2008/QH12 of the National Assembly, Term XII;
Considering the proposal of the Minister of Justice,
Pursuant to …;
Article 1. Approving the Pilot Program for the Establishment of Notaries in Ho Chi Minh City with the following contents:
1. Objectives:
The implementation of the pilot program for notaries in Ho Chi Minh City aims to determine the necessity and effectiveness of notaries in judicial activities generally and in civil enforcement specifically, to assess the applicability of this model nationwide, and to implement the policy of the Party and State on socializing certain administrative and judicial activities.
2. Scope and Timeframe:
a) Scope of Implementation: In Ho Chi Minh City
b) Timeframe: The pilot period will run from 2009 to 2012.
3. Criteria for Appointing Notaries:
Individuals wishing to be appointed as notaries must meet the following criteria:
a) Be a Vietnamese citizen, in good health, and have good moral character.
b) Hold a bachelor's degree in law.
c) Have worked in the legal field for more than five years or have previously served as a judge, prosecutor, enforcement officer, notary public, arbitrator, investigator, or lawyer.
d) Have completed training in the profession of notary organized by the Ministry of Justice.
đ) Not hold concurrent positions in other jobs.
The Minister of Justice shall appoint notaries.
4. Notary Office:
a) Notaries carry out their profession through a notary office. A notary office is established by a notary. A notary office established by one notary operates and functions as a private enterprise; a notary office established by two or more notaries operates and functions as a partnership company. The legal representative of a notary office is the head of the office. The head of a notary office must be a notary.
A notary office has its own headquarters, seal, and separate bank account, operating on the principle of financial autonomy.
b) Conditions for Establishing a Notary Office Include:
- Having staff, including a mandatory accountant;
- Having an office location with sufficient area and convenience for clients, along with necessary material conditions for operation;
- Opening a bank account and registering taxes;
- Depositing a guarantee of 100 million VND or having professional liability insurance.
5. Regarding the Scope and Procedures for Notary Activities:
Notaries may perform the following tasks:
a) Verify execution conditions and directly enforce judgments and decisions at the request of parties.
b) Serve court documents and civil enforcement agency documents to parties.
c) Create evidence records with evidentiary value for trial.
d) Other tasks as prescribed by law.
The procedures for performing notary tasks are carried out according to the provisions of law.
6. Handling Complaints and Accusations Against Notary Activities.
Complaint handling against notary activities is conducted as follows:
a) The Director of the Department of Justice resolves within thirty days from the date of receipt of the complaint.
b) If dissatisfied with the resolution of the Director of the Department of Justice, the complainant may appeal to the Minister of Justice; the Minister of Justice resolves the appeal within forty-five days from the date of receipt of the appeal. The decision of the Minister of Justice on resolving the appeal takes effect.
c) For the creation of evidence records, if dissatisfied with the work performed by the notary, the party requesting the service may initiate a lawsuit to resolve the matter.
Citizens' accusations of illegal acts by notaries are handled according to current laws.
7. Notary Fees:
When performing tasks upon request, notaries may charge notary fees based on the principle that for types of work for which the state has already prescribed fees currently in use, when performing these tasks, notaries collect fees according to existing regulations; for types of work for which the state has not yet prescribed fees and some complex tasks, the notary fee is agreed upon between the notary and the party requesting the service.
The Ministry of Justice, in coordination with the Ministry of Finance, shall stipulate notary fees.
8. Support Policies:
The Ministry of Justice, in coordination with the Ministry of Finance, shall study and develop support policies for the organization and activities of notaries. Among them, notary offices (in the form of private enterprises or partnership companies) may be exempted from corporate income tax according to the provisions of the law during the pilot period.
9. State Management of Notaries During the Pilot Period:
The Government shall uniformly manage state affairs regarding notaries.
The Ministry of Justice assists the Government in managing state affairs regarding notaries with the responsibilities and powers to guide and inspect notary activities; issue regulations on notary activities within its authority and propose relevant authorities to issue normative legal documents on notary activities; train, educate, and appoint notaries.
The People's Committee of Ho Chi Minh City manages state affairs regarding notaries locally. The Department of Justice of Ho Chi Minh City assists the People's Committee of Ho Chi Minh City in managing state affairs regarding notaries locally.
Article 2. Implementation Plan
1. Drafting Legal Normative Documents as the Legal Basis for the Organization and Activities of Notaries:
Based on Resolution No. 24/2008/QH12 on the enforcement of the Civil Enforcement Law 2008, the Ministry of Justice shall take the lead and coordinate with relevant ministries and sectors to draft the Government Decree on the organization and procedures for notary activities and the Circular guiding specific procedures for notary activities and notary fees.
2. Implementation Schedule:
a) First and Second Quarter of 2009: Complete the institutional framework and promote awareness about notaries; complete the selection and appointment procedures for notaries.
b) Third Quarter of 2009: Appoint notaries and establish several notary offices in Ho Chi Minh City (establishing three to five notary offices).
c) Mid-2010 will organize an interim review of the pilot implementation of notaries; if favorable, additional notary offices will be established in Ho Chi Minh City.
d) By the end of 2012, a summary of the implementation of the pilot program will be conducted: evaluating the results of the pilot program to serve as a basis for its official implementation nationwide.
The Ministry of Justice shall take the lead, coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Home Affairs, the Ministry of Public Security, the Ministry of Finance, the People's Committee of Ho Chi Minh City, and other relevant ministries and sectors in directing and guiding the implementation of the Project, and shall report annually to the Prime Minister.
Article 3. This Decision takes effect from the date of signature.
Article 4. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and the Chairman of the People's Committee of Ho Chi Minh City are responsible for implementing this Decision./.
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