Vietnam: The latest application form for appointment of a notary? Dossier of application for appointment of a notary regulated?
What documents does the application for appointment of a notary include?
Pursuant to Clause 2, Article 12 of the Law on Notarization 2014 stipulates as follows:
Article 12. Appointment of notaries
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2. A dossier of request for appointment as a notary must comprise:
a/ A written request for appointment as a notary, made according to a form set by the Minister of Justice;
b/ The requester’s judicial record;
c/ A copy of the bachelor of law, master of law or doctor of law degree;
d/ Papers proving the working seniority in the legal sector;
dd/ A copy of the certificate of graduation from a notary training course. For those exempted from notary training, a copy of the certificate of completion of a notary re-training course and papers proving the eligibility for exemption from notary training as prescribed in Clause 1, Article 10 of this Law;
e/ A copy of the certificate of notarial practice probation results;
g/ A health certificate granted by a competent health agency.
Accordingly, the dossier of application for warranty of the notary must fully ensure the documents as prescribed above.
Vietnam: The latest application form for appointment of a notary? Dossier of application for appointment of a notary regulated?
What is the document proving the time of legal work in Vietnam?
Pursuant to Clause 3 Article 3 of Circular 01/2021/TT-BTP, documents proving the working time to apply for the appointment of a notary will be the following documents
Document proving the working time of legal practices as prescribed in Clause 2, Article 8 of the Notarization Law is one or several of the following documents:
- A decision on appointment or re-appointment of a judge, procurator, or investigator, or the identity card of the judge, the identity card of the procurator, the certificate of the investigator, enclosed with papers proving the working time as a judge, procurator or investigator for 5 years or more;
- A decision on appointment of the title of Professor, Associate Professor of Law, Doctorate Degree of Law; in case the Doctorate Degree of Law is granted by a foreign educational institution, the degree must be recognized according to the regulations of the Ministry of Education and Training;
- A decision on appointment of senior examiner of the court branch and senior examiner of the procuracy branch; senior expert, senior researcher, senior lecturer in the field of law;
- Decision on recruitment, decision on rotation, transfer, public employment contract or non-public employment contract enclosed with documents proving the time of payment of social insurance premiums in conformity with the legal position vacancy or the contract;
- Lawyer practicing certificate, lawyer’s card, auction license, liquidator practicing certificate, decision on appointment of a bailiff together with documents proving the time of payment of social insurance premiums in conformity with the position;
- Other legal documents proving working time of legal practices.
How is the procedure for appointing a notary regulated in Vietnam?
Pursuant to Clause 1, Clause 3, Clause 4, Article 12 of the Law on Notarization 2014 stipulates as follows:
Article 12. Appointment of notaries
1. Those who fully satisfy the criteria prescribed in Article 8 of this Law may request the Minister of Justice to appoint them as notaries. Dossiers of request for appointment as notaries shall be sent to the provincial-level Justice Departments of the localities where the requesters have registered for notarial practice probation.
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3. Within 10 working days after receiving a complete dossier of request for appointment as a notary prescribed in Clause 2 of this Article, the provincial-level Justice Department shall make a written proposal enclosed with the dossier to the Minister of Justice to appoint the requester as a notary. In case of refusal, it shall reply in writing clearly stating the reason to the requester.
4. Within 30 days after receiving the written proposal and dossier from the provincial-level Justice Department, the Minister of Justice shall consider and decide to appoint the requester as a notary; in case of refusal, he/she shall issue a written reply clearly stating the reason to the provincial-level Justice Department and the requester.
Accordingly, individuals who are qualified to appoint notaries will submit a dossier of application for appointment of notaries to the Department of Justice.
Within 10 working days after receiving a complete dossier of request for appointment of a notary, the Department of Justice must send a written request to the Minister of Justice.
Within 30 days after receiving the dossier and documents from the Department of Justice, the Minister of Justice shall consider and decide on the appointment of a notary.
How is the application form for appointment of a notary regulated in Vietnam?
Currently, when there is a request for appointment of a notary, an individual needs to submit an application for appointment of a notary according to the form TP-CC-03 issued together with Circular 01/2021/TT-BTP as follows:
Download the current application form for appointment of a notary: Here.
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