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Circular No. 276/tt-Cc: Guidance On The Organization And Management Of The State

Original Language Title: Thông tư 276/TT-CC: Hướng dẫn về tổ chức và quản lý công chứng Nhà nước

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Circulars on the Organization and management of the State _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to article 34 of Decree 45-dated 27 February 1991 of the Council of Ministers on the Organization and functioning of the State, the Ministry of Justice out circulars about the Organization and management of the State as follows: I-on PROCEDURE ESTABLISHED in STATE NOTARY.
The need to proceed to prepare the establishment of the notary of the State include: 1. The Department of Justice helps people's committees of the province, city, municipal district (referred to as the Department) established the State notarial Office, preparing personnel expected to recommend appointment of notaries , correspondence with the authorities of the province as the Government Organization Committee, Department of finance ... and the provincial people's Committee to consider. The project of establishing the notary must state clearly the purpose, requirements of the establishment, the specific tasks of the Organization, staffing, location based and the facilities of the room.
2. the people's Committee, after reviewing the project established the State notary, have written recommendations to the Minister of Justice on the establishment of the State notary in local. Enclose the text of the provincial people's Committee need: the project of establishment of State notary, lists, records of each person expected to appointed Chief State notary and notary (profile includes: curriculum vitae of officials have confirmed the process of the work of the law governing body; a copy of diploma, legal and University certificates get the health of competent medical authority).
3. After the unanimous opinion in writing of the Minister of Justice, Chairman of the provincial people's Committee decision establishing the notary, appointed by the Chief of State and notary.
4. The dismissal of Chief State notary and notary; the additional appointment as a notary of the State notary available locally also proceed in sequence.
II – STATE NOTARY, NOTARY 1. In each province established the State notary named notary State number 1, number 2, number 3 ... According to the chronological order of decision-making established; in which the notary is the No. 1 State Center; the notary State from 2 onwards is the area located at the focus point of the province.
The determination of the jurisdiction of the State notary by the provincial people's Committee decision.
2. in the Chief State notary, the notary, certified professional staff and the employees help other job as accountant, cashier, clerical, archive ... which must have at least two notaries. The Chief of the State must be selected among the notary.
The Chief State notary, the notary must have accounting and payroll in the State; the other assisting staff may belong to the State payroll or working under a labour contract mode. The payroll of the State notary was decided based on the volume of work; necessarily ensure proper standards, the quality officer, compact apparatus.
3. The Chief State notary of the State notary is responsible for the operation of the operating room, is the account holder at the Bank, have the following tasks:-Establish and implement plans for steering the work of the room;
-The daily work of operating Rooms;
-Proceed to the fostering of political, professional expertise to the notary and the staff;
-Ensure implementation of the policy regime for the members in the room;
-Periodically 3 month, 6 month and annual report on activity of the room with the Justice Department, the provincial people's Committee and the Director of the Department of Justice.
When done, the Chief notary of the State notary certified documents signed with a notary.
4. People who have the following conditions can be appointed a notary:-the citizenship of the Socialist Republic of Vietnam;
-Political quality, good morals, justice, incorruptible, honest, always respect the truth, is that people don't have money;
-Legal college graduates include: Graduate legal long-term training systems, specializing in in the country, tu, legal University in socialist countries; those who have a Bachelor of laws or law University in the country is not Socialist and have through classroom training on the Socialist legal from 1 year upwards;
-Did the legal work from 5 years older and trained to do notarial profession including those with legal work time in the judiciary, courts, Prosecutor, civil service, Inspector, State economic arbitration, customs, who is a legal expert at the people's Committee , The people's Council, in legal organizations of the central sectors and the local. Before being appointed as a notary must be certified professional training. For the first notary to be appointed the State notary then after appointing undergo certified training class.
5. A notary must not be professional activity part-time jobs in State agencies, economic organization, not a dedicated cadre in the Party bodies, unions, social organizations.

6. After you have appointed, a notary was the Ministry of Justice level notary card to use while on duty.
7. In the districts, where there State notary, the people's Committee of the district, the town of decision-making delegated to 1 Vice President or Deputy of people's committees implement notary, notary and signing the personal responsibility of the certified text by themselves make. Members of the people's Committee mentioned above must have the necessary legal training and are certified.
The judicial bodies of the same level of officers dedicated to university level legal and notarial profession trained to help people's Committee to implement the task.
8. the diplomatic missions or consulates of the countries of the Socialist Republic of Vietnam decision handed to an officer performing the notary is regulated in article 24 the Ordinance on 24-11-1990 and article 15 of Decree No. 45-dated 27 February 1991 of the Council of Ministers signed, notarized and bear the personal responsibility of the notary by themselves make. The aforesaid officials must have the necessary legal training and must be notarized.
III-ORGANIZATION And MANAGEMENT Of PUBLIC ACTIVITIES By STATE WITNESSES.
1. The Ministry of Justice administers the notary activity organization within the country, namely:-instructor, check on the Organization and operation of; the uniform application of the provisions of the law in the public sector;
-Summarize and disseminate experience certified activities;
-Training, fostering political, qualified for the notary;
-Release to use the unified text form notarized and shared management;
-Resolve the complaints, accusations related to the activity of the citizens and the institutions according to the authority.
2. the people's Committee is responsible for the Organization and management of activities in their local certified under the guidance of the Ministry of Justice, in particular:-the Guide, check on the Organization and functioning of local in scope;
-Guarantee of the Organization, facilities and funding for local certified activities;
-Ensure implementation of the policy regime for the notary, the staff and other officials made in the local notary;
-Fostering political, qualified for the notary and the other officers do notary in the locality;
-Review and dissemination of experience at local accredited activities;
-Resolve the complaints, accusations related to the activity of the citizens and the institutions according to the authority.
3. The Director of the Department of Justice helps the people's Committee of the implementation of the tasks mentioned above. During his mission, the Director of the Department of Justice is responsible for regularly monitoring the activity of the notary State and district people's committees, the town was assigned to the notary to periodic synthesis of 6 month and annual report, the Ministry of Justice and the provincial people's Committee.
Circulars on the Organization and management of the State pursuant to article 34 of Decree 45-dated 27 February 1991 of the Council of Ministers on the Organization and functioning of the State, the Ministry of Justice out circulars about the Organization and management of the State as follows: I-on PROCEDURE ESTABLISHED in STATE NOTARY.
The need to proceed to prepare the establishment of the notary of the State include: 1. The Department of Justice helps people's committees of the province, city, municipal district (referred to as the Department) established the State notarial Office, preparing personnel expected to recommend appointment of notaries , correspondence with the authorities of the province as the Government Organization Committee, Department of finance ... and the provincial people's Committee to consider. The project of establishing the notary must state clearly the purpose, requirements of the establishment, the specific tasks of the Organization, staffing, location based and the facilities of the room.
2. the people's Committee, after reviewing the project established the State notary, have written recommendations to the Minister of Justice on the establishment of the State notary in local. Enclose the text of the provincial people's Committee need: the project of establishment of State notary, lists, records of each person expected to appointed Chief State notary and notary (profile includes: curriculum vitae of officials have confirmed the process of the work of the law governing body; a copy of diploma, legal and University certificates get the health of competent medical authority).
3. After the unanimous opinion in writing of the Minister of Justice, Chairman of the provincial people's Committee decision establishing the notary, appointed by the Chief of State and notary.
4. The dismissal of Chief State notary and notary; the additional appointment as a notary of the State notary available locally also proceed in sequence.
II – STATE NOTARY, NOTARY 1. In each province established the State notary named notary State number 1, number 2, number 3 ... According to the chronological order of decision-making established; in which the notary is the No. 1 State Center; the notary State from 2 onwards is the area located at the focus point of the province.

The determination of the jurisdiction of the State notary by the provincial people's Committee decision.
2. in the Chief State notary, the notary, certified professional staff and the employees help other job as accountant, cashier, clerical, archive ... which must have at least two notaries. The Chief of the State must be selected among the notary.
The Chief State notary, the notary must have accounting and payroll in the State; the other assisting staff may belong to the State payroll or working under a labour contract mode. The payroll of the State notary was decided based on the volume of work; necessarily ensure proper standards, the quality officer, compact apparatus.
3. The Chief State notary of the State notary is responsible for the operation of the operating room, is the account holder at the Bank, have the following tasks:-Establish and implement plans for steering the work of the room;
-The daily work of operating Rooms;
-Proceed to the fostering of political, professional expertise to the notary and the staff;
-Ensure implementation of the policy regime for the members in the room;
-Periodically 3 month, 6 month and annual report on activity of the room with the Justice Department, the provincial people's Committee and the Director of the Department of Justice.
When done, the Chief notary of the State notary certified documents signed with a notary.
4. People who have the following conditions can be appointed a notary:-the citizenship of the Socialist Republic of Vietnam;
-Political quality, good morals, justice, incorruptible, honest, always respect the truth, is that people don't have money;
-Legal college graduates include: Graduate legal long-term training systems, specializing in in the country, tu, legal University in socialist countries; those who have a Bachelor of laws or law University in the country is not Socialist and have through classroom training on the Socialist legal from 1 year upwards;
-Did the legal work from 5 years older and trained to do notarial profession including those with legal work time in the judiciary, courts, Prosecutor, civil service, Inspector, State economic arbitration, customs, who is a legal expert at the people's Committee , The people's Council, in legal organizations of the central sectors and the local. Before being appointed as a notary must be certified professional training. For the first notary to be appointed the State notary then after appointing undergo certified training class.
5. A notary must not be professional activity part-time jobs in State agencies, economic organization, not a dedicated cadre in the Party bodies, unions, social organizations.
6. After you have appointed, a notary was the Ministry of Justice level notary card to use while on duty.
7. In the districts, where there State notary, the people's Committee of the district, the town of decision-making delegated to 1 Vice President or Deputy of people's committees implement notary, notary and signing the personal responsibility of the certified text by themselves make. Members of the people's Committee mentioned above must have the necessary legal training and are certified.
The judicial bodies of the same level of officers dedicated to university level legal and notarial profession trained to help people's Committee to implement the task.
8. the diplomatic missions or consulates of the countries of the Socialist Republic of Vietnam decision handed to an officer performing the notary is regulated in article 24 the Ordinance on 24-11-1990 and article 15 of Decree No. 45-dated 27 February 1991 of the Council of Ministers signed, notarized and bear the personal responsibility of the notary by themselves make. The aforesaid officials must have the necessary legal training and must be notarized.
III-ORGANIZATION And MANAGEMENT Of PUBLIC ACTIVITIES By STATE WITNESSES.
1. The Ministry of Justice administers the notary activity organization within the country, namely:-instructor, check on the Organization and operation of; the uniform application of the provisions of the law in the public sector;
-Summarize and disseminate experience certified activities;
-Training, fostering political, qualified for the notary;
-Release to use the unified text form notarized and shared management;
-Resolve the complaints, accusations related to the activity of the citizens and the institutions according to the authority.
2. the people's Committee is responsible for the Organization and management of activities in their local certified under the guidance of the Ministry of Justice, in particular:-the Guide, check on the Organization and functioning of local in scope;
-Guarantee of the Organization, facilities and funding for local certified activities;
-Ensure implementation of the policy regime for the notary, the staff and other officials made in the local notary;

-Fostering political, qualified for the notary and the other officers do notary in the locality;
-Review and dissemination of experience at local accredited activities;
-Resolve the complaints, accusations related to the activity of the citizens and the institutions according to the authority.
3. The Director of the Department of Justice helps the people's Committee of the implementation of the tasks mentioned above. During his mission, the Director of the Department of Justice is responsible for regularly monitoring the activity of the notary State and district people's committees, the town was assigned to the notary to periodic synthesis of 6 month and annual report, the Ministry of Justice and the provincial people's Committee.