Recently, the Ministry of Justice of Vietnam issued Circular 01/2021/TT-BTP on elaboration of certain articles and implementation of Notarization Law 2014.
To shorten the time for notary card issuance to 7 days from March 26, 2021 in Vietnam (Illustration)
According to Article 4 of Vietnam's Circular 01/2021/TT-BTP, the procedures for notarial practice registration and issuance of notary cards are as follows:
Procedures
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.
Execution time
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. (10 working days according to Vietnam's Circular 06/2015/TT-BTP).
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 (05 working days according to Vietnam's Circular 06/2015/TT-BTP).
Application includes:
- An application for notarial practice registration and issuance of notary cards (Form TP-CC-06);
- The decision on appointment or re-appointment of notary (certified copy or photocopy enclosed with the original for comparison);
- 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);
- 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);
- Documents proving the notary's place of residence in the province or centrally affiliated city where the notarial practice organization registers its operation;
- 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.
Note: 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.
Vietnam's Circular 01/2021/TT-BTP, effective from March 26, 2021, replaces Vietnam's Circular 06/2015/TT-BTP.
- Key word:
- Circular 01/2021/TT-BTP of Vietnam