Issuance of Circular 03 amending 08 Circulars related to administrative procedures in the field of judicial assistance in Vietnam
Issuance of Circular 03 amending 08 Circulars related to administrative procedures in the field of judicial assistance in Vietnam
On May 15, 2024, the Minister of Justice issued Circular 03/2024/TT-BTP amending and supplementing 08 circulars related to administrative procedures in the field of judicial assistance.
Circular 03/2024/TT-BTP amends and supplements 08 circulars including Circular 05/2021/TT-BTP, Circular 01/2010/TT-BTP, Circular 01/2021/TT-BTP, Circular 05/2020/TT-BTP, Circular 11/2020/TT-BTP, Circular 06/2017/TT-BTP, Circular 12/2012/TT-BTP, and Circular 02/2018/TT-BTP.
Circular 03/2024/TT-BTP has issued new forms for applications, declarations, notifications, and registrations to replace the current forms applied in 08 judicial assistance fields including:
- 32 forms in the field of Lawyers;
- 12 forms in the field of Legal Justice;
- 12 forms in the field of Notarization;
- 19 forms regarding the organization and operation of Judicial Officers;
- 16 forms in the field of Property Auction;
- 21 forms regarding the organization and operation of Commercial Arbitration;
- 20 forms regarding the organization and operation of Commercial Mediation;
- 01 form in the field of Judicial Expertise.
Circular 03/2024/TT-BTP officially took effect from May 15, 2024.
Issuance of Circular 03 amending 08 Circulars related to administrative procedures in the field of judicial assistance in Vietnam (Image from the Internet)
Which authority in Vietnam has the jurisdiction to recognize legal profession training abroad?
Based on Clause 3, Article 3 of Circular 05/2021/TT-BTP (amended by Clause 2, Article 1 of Circular 03/2024/TT-BTP) regulating the authority to recognize legal profession training abroad:
Recognition of Legal Profession Training Abroad
...
- Within 15 days from the date of receiving a complete and valid dossier, the Director of the Department of Judicial Assistance, Ministry of Justice shall issue a decision to recognize legal profession training abroad. In case of refusal, a written notice stating the reasons must be provided.
From May 15, 2024, the authority to recognize legal profession training abroad has been transferred from the Minister of Justice to the Director of the Department of Judicial Assistance, Ministry of Justice.
Therefore, the current authority to recognize legal profession training abroad belongs to the Director of the Department of Judicial Assistance, Ministry of Justice.
Is it required to submit proof of residency documents for notaries when registering for notarial practice in Vietnam?
Based on Point dd, Clause 1, Article 4 of Circular 01/2021/TT-BTP regulating the dossier for registration of notarial practice:
Registration of Notarial Practice and Issuance of Notary Cards
- Notarial practice organizations shall directly submit or send by post 01 dossier for registration of practice and issuance of Notary Cards for their notaries to the Department of Justice where they are registered. The dossier includes the following documents:
a) Application form for registration of practice and issuance of Notary Card (Form TP-CC-06);
b) Decision of appointment or reappointment of the notary (certified copy or copy accompanied by the original for comparison);
c) 01 portrait photo size 2cm x 3cm of the notary proposed for registration of practice and issuance of Notary Card (photo taken no more than 06 months prior to the date of application submission);
d) Proof of membership in the local Notary Association (in cases where the locality does not have a Notary Association, submit proof of membership in the Vietnam Notary Association);
dd) Proof of residence of the notary in the province or central-affiliated city where the notarial practice organization is registered;
...
However, based on Clause 1, Article 3 of Circular 03/2024/TT-BTP amending Point dd, Clause 1, Article 4 of Circular 01/2021/TT-BTP:
Amendment and Supplementation of Certain Articles of Circular No. 01/2021/TT-BTP dated February 03, 2021 of the Minister of Justice Detailing Certain Provisions and Measures for Implementing the Law on Notarization
Abolishing Point dd, Clause 1, Article 4.
Adding Article 29a after Article 29 as follows:
...
Thus, the regulation requiring the submission of proof of residence of the notary in the province or central-affiliated city where the notarial practice organization is registered has been abolished from May 15, 2024.
Respectfully!
