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Thủ tục hành chính

Procedure 02: Re-appoint a notary public
Ngày cập nhật:09-12-2016

 

 

 

Order or execution

 

Step 1: The applicant fills an applicant for re-appointment of a notary public, prepares documents as stipulated and submits them at the Division of Receiving and Returning Results of administrative procedures (One-Stop Division) –Department of Justice.

 

 

Step 2: An one - stop officer receives and inspects the documents as submitted:

 

+ If the documents are submitted in full as stipulated, receive and issue a return note.

 

+ If the documents are not submitted in full as stipulated, guide the citizen to supplement and complete documents as stipulated.

 

+ If the documents are not under the jurisdiction of the Department, guide the citizen to the competent agency as stipulated.

 

Step 3: An one – stop officer inputs the documents into the book and transfers them to the Judicial Support Division for solving as stipulated.

 

Step 4: The Judicial Support Division receives, inspects and handles the documents as stipulated.

 

+Where documents are correct and adequate as stipulated, the Department of Justice issues a written request together with the proposal for appointing a notary public to Minister of Justice wihin a specified term;

 

+ Where any issue to be certified arises in the course of settlement, notify the One – Stop Division of giving a notice to the organization or re-notifying time for returning results.

 

Step 5: After results are available, the Judicial Support Division transfers them to the One- Stop Division to provide results to the citizen according to the return note.

 

 

Methods of implementation

 

Method 1: An applicant submits documents directly to the Division of Receiving and Returning Results of administrative documents – Hanoi City Department of Justice.

 

Method 2: An applicant can submit documents via the post system.

 

Note: Documents to be submitted shall be verified under the regulations of the law.

 

Place of receiving: The Division of Receiving and Returning Results of administrative documents (the One-Stop Division) – Hanoi City Department of Justice.

 

Add: No 1B Tran Phu, Ha Dong, Hanoi

 

Tel:  0433.546.151 or 0433.546163

 

 

Composition of documents

 

1. Application for proposing re-appointment of a notary public in the form TP-CC-05 issued together with Circular No 06/2015/TT-BTP;

 

2. Judicial Record;

 

3. Copy of a Decision for dismissal of a notary public;

 

4. Certificate of Health Status issued by the health agency at the district level or higher confirming good health status of the person granted with such certificate for study and working.

 

5. Copies of documents used for proving disappearance of reasons for dismissal, unless otherwise stipulated in clause 1, Article 16 of Notarization Law.

 

 

Quantity

 

01 set

 

 

Term of settlement

 

- Within 05 working days after receiving all documents for proposing re-appointment, the Department of Justice gives a written notice to ask Minister of Justice to re-appoint a notary public together with documents for proposing appointment; in the case of refusal, a written notice specifying reasons for such refusal shall be provided to the applicant.

 

- Within 30 working days after receiving the notice and documents for proposing appointment from the Department of Justice, Minister of Justice makes consideration and determination for such re-appointment; in the case of refusal, written notices specifying reasons for such refusal shall be provided to the applicant and the Department of Justice.

 

 

Object of implementation

 

- Individual

 

 

Implementing agency

 

- The agency competent to decide: Ministry of Justice.

 

- The agency implementing directly: Hanoi City Department of Justice (Judicial Support Division)

 

 

Results of implementation

 

Decision for re-appointment of a notary public or a written refusal of proposal or written refusal of re-appointment.

 

 

Fee

 

None

 

 

Name of form

 

- Application for proposing re-appointment of a notary public (form TP-CC-05);

Download from website:

www.sotuphaphanoi.gov.vn

 

 

 

 

Requirements, conditions of implementation

 

- A notary public who is dismissed under the provisions in clause 1, Article 15 of Notarization Law is considered to be re-appointed when a request of re-appointment is made.

 

- A notary public who is dismissed under the provisions in clause 1, Article 15 of Notarization Law is considered to be re-appointed when standards of a notary public as stipulated in Article 8 of Notarization law are satisfied and reasons for dismissal disappear, unless otherwise in clause 3, Article 16 of Notarization Law.

 

- A notary public who is dismissed because he/she is convicted by a judgment which has taken legal effect of the Court for intentional crime, sanctioned for administrative violations for the second time in notary practice but still continues to violate, disciplined in the form of warning up to the second time but still continues to violate or forced to resign is not re-appointed.

 

 

Legal bases

 

1. Notarization Law in 2014;

 

2. Circular No 06/2015/TT-BTP dated June 15, 2015 of Ministry of Justice detailing and guiding implementation of some articles of Notarization Law.

 

 

 

 

 

 

 







 

TP-CC-05

 

(Issued together with Circular No. 06/2015/TT-BTP)

 

 

 

 

Photo

 

3x4

 

 

 

 

 

 


 

 

SOCIALIST REPUBLIC OF VIETNAM

 

 

Independence - Freedom - Happiness

 

 



 

 

 

APPLICATION FOR PROPOSING RE- APPOINTMENT

 

 OF A NOTARY PUBLIC

 

To: Minister of Justice

 

I am: ..................................  Gender: ................ Date of birth: ......../....../........

 

ID card/Passport/Personal identity document No: .......................................

 

Date of issue: ........../........../............... Place of issue: ...........................................................

 

Permanent residence registration place: ...........................................................................

 

.................................................................................................................................

 

Current address: .......................................................................................................

 

.................................................................................................................................

 

Tel: ......................................... Email (if any): ..........................................

 

Be appointed as a notary public according to Decision No :……………….dated…./…./….. of ….. : dismissed according to Decision No :…………..dated :……../……/…… of…………………………………….

 

I make this application for proposing to be re-appointed as a notary public. I commit to comply with notary practice principles, obligations and responsibilities of the notary public under the laws.

 

 

 

 

 

 

 

Hanoi, day…month….year…..

 

 

Applicant

 

(Signature and full name)

 

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