CIRCULAR guiding the implementation of Decree No. 75/2000/ND-CP on 08/12/2000 the Government certified, attest to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 75/2000/ND-CP dated 8 December 2000 the Government notary, certified;
The base directive no. 10/2001/CT-TTg dated 11 March, 2001 by the Prime Minister on the implementation of the Government's Decree of notary, certified;
Pursuant to Decree No. 38/CP dated 4 June 1993 from the Government about the functions, powers and organization of the Ministry of Justice;
The Department of Justice guide to the implementation of the Government's Decree of notary, attested as follows, i.e. a NUMBER of ISSUES ABOUT the CERTIFIED PROFESSIONAL, CERTIFIED 1. Article 9 of Decree No. 75/2000/ND-CP dated 8 December 2000 the Government notary, certified (hereinafter referred to as the regulations) regulating the notarial certificate, must be done in the certified institutions, attested, except the following cases can be done outside the headquarters : a) The notary, attested the will of the people that life threatening death due to illness, accident or polio sufferers, the elderly can not walk;
b) The notary certificate, contract, other transactions (hereinafter the contract, transaction) and the signature of the person who is suffering from detention or imprisonment sentence enforcement, polio sufferers, the elderly can not walk or have other legitimate reasons cannot come to the certified institutions , attest.
For every case must record the locations of notary, certified; the private notary, authentication is done outside working hours, they must be added to the moment that the implementation of the certified documents signed, authenticated text.
2. Article 11 of the decree regulating the registration of the person requesting the certificate, the certificate must be made before the notary, attested. In case the Authority contracts of credit institutions, enterprises have registered at the Agency form signatures notarized, certified, it may allow that person to sign before in contracts; the notary, attested to collate their signature in a contract with a signature template, before the notary, attested.
3. The only point to be replaced for the signing of the papers notarized request, authentication, if the person requesting the certificate, the certificate is not signed by the disabled or don't know.
The points can also only be done simultaneously with the signing in the following cases: a) certified, probate;
b) as suggested by the notary, endorsement requests;
c) at the request of the person who made the proof, testimonials, when considering the papers presented, if found not yet clear about the certified request identification, authentication; the person requesting the certificate, endorsement rarely signed or deems necessary to protect the rights of the person requesting the certificate, endorsement.
When the point only, the requirements of authentication, use your thumb to; If unable to score with just the right thumb, the score with just your thumb left; the case can not only score two points, then the only point with your finger; After the point is just to specify the point only with your fingers, the hand would.
The above instructions also apply for the only score of the witnesses.
4. When refused made notary, certified according to the provisions in clause 5 Article 38 of the Decree, if the person requesting the certificate, endorse the recommendations, then the notary, attested to explain clearly the reasons for rejection in writing.
5. for the receipt stored Testament stipulated in article 51 of the Decree, the notary must sealed wills; will the sign or point just sign the notary, and closed the match on the edge of the envelope stickers under wills it. When the retention of wills, the notary must receive the Paper kept the Testament in two copies, one copy for the established wills and a store at the notary.
The paper got kept the Testament must specify: time, location, get saved wills; full name of notary get saved wills; full name, address, identification of the will; name, address of the person related to the testament to notified when necessary.
When the petition of the person who is related to the content of the will or know the people will have died, notary summoned in writing all those concerned to read being received kept at the notary.
The minutes read must specify: time, location, read; full name of the notary read; name, address of each heir and others related content will be present as well as absence; those present were checking the seal wills; notary to open and read to those present heard; If there are heirs, others are related to the content of the will which is absent, then it must record the reason of absence of that person; each person has a face and a notary to sign the minutes.
6. The person has the required notarized, certified contracts, transactions in notarial authenticated, bodies, have the right to suggest the Agency which granted the certified text, copy text testimonials. The certified Agency, responsible for authenticating them copies from originals are stored.
7. The agreement to divide the legacy, the legacy received under the provisions of article 52 and article 53 of the decree must be listed. The listing by the certified Agency, certified implementation at headquarters of people's Committee of the communes, wards and towns (hereinafter the township-level people's committees), the former residence of the products; in case there is no permanent place, then listed the people's Committee of social shelter, the term of that person. In the case of heritage, including real estate and estate or just heritage property, then the listing is done according to the instructions stated on this point; If not specified, then this place is both listed in people's Social Committee, where the property of the person who left a legacy. The Agency certified, attest to the elections people listed directly, have the witness of representatives of people's Social Committee.
In the case of the legacy is the only estate agency if certified, authenticated and where permanent or temporary residence of the person who left a legacy not in the same province, central cities, the certified Agency, authentication may be mandated for social people's Committee to implement the listing according to the instructions in paragraph 1 above of this point.
Content listing stated: last, first person to leave a legacy; they, the name of the person who received or agreement and relations with the products; Heritage list was agreed upon divided or are stubs; the end of a list to specify if there are complaints, accusations about the omission of people enjoying the legacy, legacy, legacy ignored not owned, rights of use of the property, then the complaint, report that is sent to the Agency perform notary, attested.
The people's Committee of social level where listed are responsible for preserving the listing, within 30 days from the date of listing.

8. the provisions in paragraph 2 to article 57 of the decree is the text that the notary receives the certified request for translation. The translator must translate the full content of the text has been delivered to the notary; If is a copy, a excerpts, is translated as a copy, a excerpts; If it is a Fax to room clear is a Fax. When receiving the text for translation, notary note cases not certified prescribed in paragraph 4 to article 57 of the Decree.
9. technical Error according to the provisions of article 45 of Decree is an error caused by errors during recording, printing, typing text in text, certified proof. To determine the technical error, the notary, certified is responsible for screening each error needs to fix with the papers in the certified records, records attest.
When error correction techniques, practicing notary, certified underlined that this page, then write letters, numbers or marks on the sideline was accompanied by his signature and stamp of authority.
People make this technical error in the text, the text is authenticated users have done the notary, attested to that. In the case of people who have made the notary certificate, no longer do the work, then the head of the agency responsible for implementing the technical fixes that.
II. The FORM NOTARIZED, CERTIFIED 1. Testimony is the constituent parts of the certified text, text testimonials. Content words are clear, tight, clearly the level of responsibility of the notary, attested for the notary, certified; in the case of the sample by the testimony had Department of Justice regulations, then the testimony must follow that pattern.
Testimony for the contract, the transaction must be fully content according to the provisions of article 43 of Decree.
Attached to this circular the following testimonial sample: a Sample contract, testimony);
b) Sample copy testimony paper;
c) Sample papers translation testimony;
d) signature testimony Form.
2. for each case of notary, attested the contract, transaction, the notary certificate, request to record a notarized request, testimonials.
In the case of the certified request, authentication cannot be performed on the accomplished people, notary, attested to the record date for the Votes certified, authenticated requests.
Attached to this circular form requires notarized, certified and appointment form.
3. certified Windows, Windows authentication is used to record the notarized authenticated, was made in the evidence, endorse. Certified Windows, Windows authentication is the archives of the State, must be made of good quality paper and preserved tight, long at the Agency have made notary, attested.
The notary book, Windows authentication must record the date of opening on the Windows key Windows.
For the Windows authentication of the people's Committee, the township level after the tags window, people's Social Committee must send a snapshot of the window that endorsement for district people's Committee, district, town, city in the province (hereinafter the district level people's committees) to store. This copy must be stamped and signed by the President of the people's Committee of the social level.
Attached to this circular forms of the notary book, notes the following endorsement: a) the certified Book contracts, transactions; The certified book copy papers; Windows certified papers; Notary signature book;
b) Shared endorsement contracts, transactions; Authenticated copy of book papers; Shared signature authentication; Probate book, refused to accept the legacy.
The Department of Justice guide to the use and release of the window of the notary in nationwide.
Under the guidance of the Ministry of Justice, people's committees, the central cities (hereafter referred to as the provincial people's Committee) released the Windows authentication for district-level people's committees, in his local township level.
III. A NUMBER of ISSUES ABOUT the ORGANIZATION, CERTIFIED MANAGEMENT, authentication 1. The text suggested by the Director of the Department of Justice about the appointment of a notary as defined in art. 2 article 31 of the decree must specify: the certified local demand and the need to appoint a notary; full name, date of birth, place of work, the work of people who are recommended; confirmed working time legislation and reviews the process of the work of that person.
2. Item 2 Article 22 of Decree the Chief Justice perform the probate jurisdiction of the county-level people's committees under the authorization of the President of the people's committees at district level. When performing authentication, Chief Justice signed the certificate text as "authorized" and stamped people's committees at district level.
In the area there are many authentication requests, the Chief Justice can suggest people Committee Chairman district level authorized in writing to both the Deputy Head of the judiciary perform attest. When performing authentication, Deputy Head of the judiciary signed the certificate text as "authorized", noting his position and seal the people's committees at district level.
Just after signing autographs at the Justice Department, Chief, Deputy Head of the judiciary, made new testimonials.
3. In the case of directly in charge of the judiciary, the President of the people's Committee of social conduct the attest.
If assigned in charge of Justice, the Deputy Chairman of the people's Committee to implement the social proof. When performing authentication, Vice Chairman of people's Committee of the social position of record to the text testimonials.
Just after signing autographs at the Justice Department, the Chairman or Deputy Chairman of the people's Committee of social justice, the new charge is made.
4. The recognition of the translator is the notary's collaborators are as follows: the room has single proposition of collaborators, accompanied by curriculum vitae photographic model rules for public officials; copy foreign language university diploma or other University.
The room is of notary according to the provisions of Decree No. 45, dated 27 February 1991 of the Council of Ministers on the Organization and functioning of the State, of Decree 31/CP on May 18, 1996 by the Government on the organisation and operation of the State continue to be recognized as partners of the notary according to the instructions in this circular.
The room is of notary must sign contracts with the certified Manager of translation, in which the commitment to the accurate translation and translation rules observance of the notary.
5. The notary, the commissions and the Ministry of Foreign Affairs must make serious reporting, statistical data certified, certified six-month and annual recurring specified in paragraph 3 article 18, article 19 paragraph 1/e points, d and g of article 20 paragraph 1 clause 1 Article 28 of Decree.
The content report must show the full organizational situation, infrastructure, media work and the certified results, certified at the notary and in local, at the same time stating the difficulties and obstacles arise and the recommendations (if any).
The enclosed report with statistical data certified, certified (attached to this circular). Enclosed statistics report 6 months calculated from January 1 to June 30; the statistics attached to the annual report are calculated from January 1 to the end on December 31 of that year.
The time limit for submitting the report was as follows:

a) for the certified Room, reported the first 6 was sent to the Justice Department, the provincial people's Committee and the Director of the Department of Justice before 5 July; the annual report was submitted on May 1 of next year.
b) for people's Social Committee, reported the first 6 are sent to the people's committees at district level (through the justice Room) before 5 July each year; the annual report was submitted on May 1 of next year.
c) for district-level people's committees, the report first 6 was sent to the Justice Department before the July 15; the annual report was submitted on 15 January of the following year.
d) with respect to the provincial people's Committee, reported the first 6 post for the Department of Justice before the 25th July; the annual report was submitted on 25 January of the following year.
DD) with respect to the Foreign Ministry, reported the first 6 post for the Department of Justice before the 25th July; the annual report was submitted on 25 January of the following year.
6. test mode the Executive law in notarial operations, authentication must be conducted regularly, recurring every year under clause 5 article 17, point c, paragraph 1 article 19 and article 20 paragraph 1 point b of Decree.
The person who conducted the inspection is responsible for checking the following content has been approved by the authority; After finishing the test, must have reported test results and responsible reporting.
The inspection, the inspection is conducted when there are complaints, accusations and be settled according to the provisions of the law on complaints and denunciation.
IV. terms of ENFORCEMENT 1. This circular effect since March 2001.
2. During the implementation process, if there are problems or new issues arise, the relevant agencies, the provincial people's Committee, the Department of Justice, notary has the Ministry of Justice to have text instructions./.

 



Ministers (signed) Nguyen Dinh Loc