Can I use an old portrait photo to register to practice and issue a notary card in Vietnam?

Can I use an old portrait photo to register to practice and issue a notary card in Vietnam? Can a notary sign notarized documentsbefore issuing a notary card in Vietnam? 

Hello, I am preparing the application to register to practice and issue a Notary Card, can I use my old portrait photo, which was taken 5 months ago? Please ask for answers.

Can I use an old portrait photo to register to practice and issue a notary card in Vietnam?

Pursuant to Clause 1, Article 4 of Circular 01/2021/TT-BTP regulating notarial practice registration and notary card issuance as follows:

1. A notarial practice organization shall submit, in person or by post, 01 set of application for notarial practice registration and issuance of notary cards to its notaries to the Department of Justice where its operation is registered. The application includes the following documents:

a) An application for notarial practice registration and issuance of notary cards (Form TP-CC-06);

b) The decision on appointment or re-appointment of notary (certified copy or photocopy enclosed with the original for comparison);

c) 01 portrait photo of the size of 2cm x 3cm of the notary seeking the notarial practice registration and the notary card (taken not more than 06 months before the date of application);

d) Documents proving that the notary is a member of the local Notary Association (if there is no notary association in the local area, the document proving that the notary is a member of the Vietnam Association of Notaries shall be submitted);

dd) Documents proving the notary's place of residence in the province or centrally affiliated city where the notarial practice organization registers its operation;

e) The decision on revocation of lawyer practicing certificate, auction license, decision on dismissal of bailiff, documents proving termination of other regular jobs; documents proving that the Department of Justice has de-registered the practice at the previous notarial practice organization or the written commitment that the notary has not yet registered for notarial practice since the appointment or re-appointment as a notary.

Within 07 working days from the date of receipt of a complete and valid application, the Department of Justice shall issue a decision on notarial practice registration and a notary's card; in case of refusal, it must be notified in writing, clearly stating the reason. Within 03 working days from the date of issuance of the decision, the Department of Justice shall send the decision to the person who is registered for practice and the notarial practice organization that has submitted the application for notarial practice registration, and at the same time post it on the notary management software of the Ministry of Justice and the website of the Department of Justice, details about the notary, including full name, number and date of issue of the notary card, name of the notarial practice organization where the notary is about to practice.

The notary card template shall be issued by the Ministry of Justice.

Thus, you must submit 01 portrait photo sized 2cm x 3cm of the notary who is requested to register to practice and issue the Card (taken not more than 06 months before the date of application). In case your portrait photo was taken 5 months before the application submission date, it can still be used to apply for registration to practice and issue a Notary Card in Vietnam.

Can I use an old portrait photo to register to practice and issue a notary card in Vietnam? (Image from the Internet)

Can a notary sign notarized documentsbefore issuing a notary card in Vietnam? 

According to Clause 2, Article 4 of Circular 01/2021/TT-BTP has the following regulations:

2. Notaries may only sign notarized documents after they have been registered with the Department of Justice to practice and issued with notary cards.

After being registered to practice and granted a notary's card, a notary may not work under a public employment contract or non-public employment contract at any enterprises, agencies, or organizations; not hold the title of leader of any socio-political organizations, socio-political-professional organizations or does any jobs that often require working during office hours.

According to this Article, Notaries can only sign notarized documents after being registered to practice and issued a Notary Card in Vietnam.

Best regards!

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