Latest procedures for notarial practice registration and notary card issuance in Vietnam

Latest procedures for notarial practice registration and notary card issuance in Vietnam
Trần Thanh Rin

Recently, the Ministry of Justice has issued a Decision guiding the implementation of the procedures for notarial practice registration and notary card issuance in Vietnam.

Latest procedures for notarial practice registration and notary card issuance in Vietnam

Latest procedures for notarial practice registration and notary card issuance in Vietnam (Internet image) 

On May 17, 2024, the Minister of Justice issued Decision 851/QD-BTP on announcing amended administrative procedures related to notarization under the management of the Ministry of Justice of Vietnam.

Latest procedures for notarial practice registration and notary card issuance in Vietnam

The latest procedures for notarial practice registration and notary card issuance are as follows:

Implementation:

- Notarial practice organizations submit the application for notarial practice registration and notary card issuance to the Department of Justice where they operate.

- The Department of Justice makes a decision on notarial practice registration and notary card issuance; in case of refusal, the reasons must be clearly stated in writing.

Submission method: The dossier is submitted directly, through the postal system, or online (if the administrative procedure is available online) to the Department of Justice.

Components of the application:

- Application for notarial practice registration and notary card issuance according to Form TP-CC-06-sd issued together with Circular 03/2024/TT-BTP on May 15, 2024 by the Minister of Justice, amending 08 circulars related to administrative procedures related to judicial assistance;

- Appointment or reappointment decision of the notary public (authenticated copy or photocopy attached to the original for comparison);

- 01 portrait photo sized 2cm x 3cm of the notary public applying for registration and card issuance (taken no more than 06 months before the date of dossier submission);

- Documents proving that the notary public is a member of the local Notary Public Association or a member of the Vietnam Notary Public Association;

- Decisions on revocation of the 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

Number of applications: 01 set.

Processing time: Within 07 working days, from the date of receiving a complete and valid application, the Department of Justice will make a decision on notarial practice registration and notary card issuance; in case of refusal, the reasons must be clearly stated in writing.

Subjects performing administrative procedures: notarial practice organizations.

Authority handling administrative procedures: Department of Justice.

Results: Decision on notarial practice registration and notary card issuance.

Fee and charge: 100,000 VND per application.

Requirements and conditions for administrative procedure implementation: None.

Application form: Form TP-CC-06-sd, issued together with Circular 03/2024/TT-BTP on May 15, 2024, by the Minister of Justice, amending 08 circulars related to administrative procedures related to judicial assistance.

Legal basis:

- Law on Notarization 2014;

- Decree 104/2022/ND-CP dated December 21, 2022 of the Government on amendments to Decrees on submission and presentation of household register booklets, temporary residence register booklets upon carrying out administrative procedures or providing public services

- Circular 01/2021/TT-BTP dated February 3, 2021 of the Minister of Justice on elaboration of certain articles and implementation of Law on Notarization;

- Circular 257/2016/TT-BTC dated November 11, 2016 of the Minister of Finance on notarial and authentication service fees, fees for verification of eligibility for practicing as a notary, fees for verification of eligibility for operating Private Notary Office, charges for processing of applications for notary card, and the collection, transfer, management and use thereof, amended by Circular 111/2017/TT-BTC dated October 20, 2017 of the Minister of Finance.

- Circular 03/2024/TT-BTP dated May 15, 2024 of the Minister of Justice amending 08 circulars related to administrative procedures related to judicial assistance.

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