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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 53/2014/QH13
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Hanoi, June 26,
2014
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LAW
ON
NOTARIZATION
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the Law on
Notarization.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for notaries, notarial practice
organizations, notarial practice, notarization procedures and state management
of notarization.
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In this Law, the terms
below are construed as follows:
1. Notarization means the
written certification by a notary of a notarial practice organization of the
authenticity and lawfulness of a contract or another civil transaction (below
referred to as contract or transaction) or of the accuracy, lawfulness and
conformity with social ethics of the Vietnamese or foreign-language translation
of a paper or document (below referred to as translation) which is prescribed
by law or voluntarily requested by an individual or organization to be
notarized.
2. Notary means a person
who fully meets the criteria prescribed by this Law and is appointed by the
Minister of Justice to conduct notarial practice.
3. Notarization requester
means a Vietnamese or foreign individual or organization that requests
notarization of a contract, transaction or translation in accordance with this
Law.
4. Notarized document
means a contract, transaction or translation which has been certified by a notary
in accordance with this Law.
5. Notarial practice
organizations include notary bureaus and notary offices organized and operating
under this Law and other relevant legal documents.
Article
3. Social functions of notaries
Notaries shall provide
public services under the assignment of the State with a view to ensuring legal
safety for parties to contracts or transactions; preventing disputes;
contributing to protecting lawful rights and interests of individuals and
organizations; and ensuring socio- economic stability and development.
Article
4. Principles of notarial practice
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2. Objectivity and
honesty.
3. Compliance with rules
on notarial practice ethics.
4. Taking responsibility
before law and notarization requesters for notarized documents.
Article
5. Legal validity of notarized documents
1. A notarized document
is valid from the date a notary signs and appends the seal of his/her notarial
practice organization to it.
2. A notarized contract
or transaction is binding on related parties; in case an obliged party fails to
perform its/his/her obligations, the other party may request a court to settle
the case in accordance with law, unless otherwise agreed upon by related
parties.
3. Notarized contracts
and transactions may be used as evidence; details and circumstances of
notarized contracts or transactions are not required to be proven, unless such
contracts or transactions are declared to be invalid by courts.
4. Notarized translations
are valid for use as their translated papers or documents.
Article
6. Spoken and written language used in notarization
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Article
7. Prohibited acts
1. Notaries and notarial
practice organizations are prohibited from committing the following acts:
a/ Disclosing information
on the contents of notarized documents, unless notarization requesters so agree
in writing or otherwise provided by law; using information on notarized
contents to infringe upon lawful rights and interests of individuals and
organizations;
b/ Notarizing contracts,
transactions or translations the purposes and contents of which violate law or
are contrary to social ethics; inciting or creating conditions for parties to
contracts or transactions to conduct sham transactions or commit other
deceitful acts;
c/ Notarizing contracts,
transactions or translations which are related to properties or interests of
their own or of their relatives being spouses; natural parents, adoptive
parents; natural parents, adoptive parents of their spouses; natural children,
adopted children or children-in-law; grandparents, siblings or siblings-in-law;
and natural grandchildren, adopted grandchildren;
d/ Refusing notarization
requests without plausible reasons; harassing or causing difficulties to
notarization requesters;
dd/ Receiving or
demanding money or other benefits from notarization requesters in addition to
notarization changes, notarization remuneration and other expenses already
determined and agreed; receiving or demanding money or other benefits from a
third party to settle or refuse to settle notarization requests, causing damage
to notarization requesters or related organizations and individuals;
e/ Forcing others to use
their services; colluding with notarization requesters or related persons to
falsify contents of notarized documents or notarization dossiers;
g/ Exerting pressure,
threatening or committing acts which are illegal or contrary to social ethics
in order to gain advantage for themselves or their organizations in notarial
practice;
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i/ A notarial practice
organization establishing branches, representative offices or transaction
places other than its head office; conducting production, business and service
activities outside its registered scope of operation;
k/ A notary practicing
his/her profession concurrently at two or more notarial practice organizations
or performing other regular jobs;
l/ A notary participating
in the management of an enterprise other than his/her notarial practice
organization; providing brokerage or agency services; receiving profits from a
contract or transaction which he/she has notarized;
m/ Committing violations
of law or rules on notarial practice ethics.
2. Organizations and
individuals are prohibited from committing the following acts:
a/ Pretending to be
notarization requesters;
b/ Notarization requesters
providing false information and documents or using counterfeit or illegally
erased or modified papers and documents to request notarization;
c/ Witnesses or
interpreters committing deceitful or dishonest acts;
d/ Obstructing notarial
activities.
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NOTARIES
Article 8. Criteria for
notaries
A Vietnamese citizen who
permanently resides in Vietnam, observes the Constitution and law, has good
ethical qualities, and fully satisfies the following criteria shall be
considered for appointment as a notary:
1. Having a bachelor of
law degree.
2. Having performed legal
work at agencies or organizations for at least 5 years after obtaining the
bachelor of law degree.
3. Having graduated from
a notary training course as prescribed in Article 9 of this Law or completed a
notary re-training course as prescribed in Clause 2, Article 10 of this Law.
4. Meeting requirements
on notarial practice probation results.
5. Being physically fit
for notarial practice.
Article 9. Notary training
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2. A notary training
course must last for 12 months.
Those who have completed
a notary training course shall be granted certificates of graduation from the
notary training course by the notary training institution.
3. The Minister of
Justice shall stipulate in detail notary training institutions, the framework
program for notary training and equivalence recognition for those who have been
trained in notary abroad.
Article
10. Exemption from notary training
1. Notary training shall
be exempted for the following persons:
a/ Those who have worked
as judges, prosecutors or investigators for at least 5 years;
b/ Lawyers who have been
engaged in legal practice for at least 5 years;
c/ Law professors and
associate professors; doctors of law;
d/ Senior verifiers of
courts, senior examiners of procuracies; senior experts, senior researchers and
senior lecturers in the legal sector.
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Those who have completed
a notary re-training course shall be granted certificates of completion of the
notary re-training course.
3. The Minister of
Justice shall stipulate in detail notary re-training courses prescribed in
Clause 2 of this Article.
Article
11. Notarial practice probation
1. Those who have been
granted certificates of graduation from notary training courses or certificates
of completion of notary re-training courses shall undergo a probationary period
at a notarial practice organization. A probationer may directly contact a
notarial practice organization qualified to admit probationers so as to join
such organization on probation; if he/she cannot directly contact any notarial
practice organization, he/she may request the provincial-level Justice
Department of the locality where he/she wishes to undergo a probationary period
to arrange his/her probation at a notarial practice organization qualified to
admit probationers.
Probationers shall
register their probation at the provincial-level Justice Departments of the
localities where the notarial practice organizations which they join on
probation are located.
The period of notarial
practice probation is 12 months for persons possessing a certificate of
graduation from a notary training course or 6 months for persons possessing a
certificate of completion of a notary re-training course. The period of
notarial practice probation shall be counted from the date of probation
registration.
2. Notarial practice
organizations admitting probationers must have notaries satisfying the
conditions on probationer tutoring prescribed in Clause 3 of this Article and
have physical foundations to ensure the probation.
3. Notarial practice
organizations admitting probationers shall assign notaries to tutor
probationers.
Notaries acting as tutors
must have at least two years’ experience in notarial practice. A notary who is
disciplined or administratively sanctioned for violations in notarial practice
may not act as a tutor within 12 months after the date of completing the
serving of the disciplining decision or administrative sanctioning decision. A
notary may not concurrently tutor more than 2 probationers.
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4. Notarial practice
probationers shall be guided in professional practice skills, perform
notarization-related jobs assigned by their tutors and take responsibility
before their tutors for such jobs. Probationers may not sign notarized
documents.
5. Upon expiration of the
probationary period, a notarial practice probationer shall submit to the
provincial-level Justice Department with which he/she has registered the
probation a written probation result report containing comments of the notary
acting as his/her tutor and certification of the notarial practice
organization; may register for examination of notarial practice probation
results. If meeting requirements on notarial practice probation results, the
probationer shall be granted a certificate of notarial practice probation
results.
6. The Minister of
Justice shall stipulate in detail notarial practice probation and examination
of national practice probation results.
Article
12. Appointment of notaries
1. Those who fully
satisfy the criteria prescribed in Article 8 of this Law may request the
Minister of Justice to appoint them as notaries. Dossiers of request for
appointment as notaries shall be sent to the provincial-level Justice
Departments of the localities where the requesters have registered for notarial
practice probation.
2. A dossier of request
for appointment as a notary must comprise:
a/ A written request for
appointment as a notary, made according to a form set by the Minister of
Justice;
b/ The requester’s
judicial record;
c/ A copy of the bachelor
of law, master of law or doctor of law degree;
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dd/ A copy of the
certificate of graduation from a notary training course. For those exempted
from notary training, a copy of the certificate of completion of a notary
re-training course and papers proving the eligibility for exemption from notary
training as prescribed in Clause 1, Article 10 of this Law;
e/ A copy of the
certificate of notarial practice probation results;
g/ A health certificate
granted by a competent health agency.
3. Within 10 working days
after receiving a complete dossier of request for appointment as a notary
prescribed in Clause 2 of this Article, the provincial-level Justice Department
shall make a written proposal enclosed with the dossier to the Minister of
Justice to appoint the requester as a notary. In case of refusal, it shall
reply in writing clearly stating the reason to the requester.
4. Within 30 days after
receiving the written proposal and dossier from the provincial-level Justice
Department, the Minister of Justice shall consider and decide to appoint the
requester as a notary; in case of refusal, he/she shall issue a written reply
clearly stating the reason to the provincial-level Justice Department and the
requester.
Article 13. Persons ineligible
for appointment as notaries
1. Those who are being
examined for penal liability or have been convicted under a court’s legally
effective sentence of an unintentional crime but have not yet had their
criminal records written off, or of an intentional crime.
2. Those who are being
subjected to administrative handling measures in accordance with the law on
handling of administrative violations.
3. Those who have their
civil act capacity lost or restricted.
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5. Those who have their
legal practice certificates revoked after they are disciplined in the form of
disbarment; those who have been deprived of the right to use their legal
practice certificates and the 3-year period, counting from the effective date
of the decision on revocation of legal practice certificates or the date of
completing the serving of the decision on deprival of the right to use legal
practice certificates, has not yet expired.
Article
14. Suspension from notarial practice
1. The provincial-level
Justice Department with which a notary has registered his/her professional
practice shall decide to suspend the notary from professional practice in the
following cases:
a/ The notary is being
examined for penal liability;
b/ The notary is being
subjected to an administrative handling measure.
2. The maximum duration
of suspension from notarial practice is 12 months.
3. The provincial-level
Justice Department shall decide to cancel the decision on suspension from
notarial practice ahead of time in the following cases:
a/ A decision on
termination of investigation or the case is issued, or a legally effective
verdict of not guilty is issued by a court;
b/ The notary is no
longer subjected to the administrative handling measure in accordance with the
law on handling of administrative violations.
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Article 15. Relief from duty
of notaries
1. A notary may be
relieved from duty at his/her own will or or transferred to another job.
The notary shall submit a
written request for relief from duty to the provincial-level Justice Department
with which he/she has registered his/her professional practice. Within 15 days
after receiving the written request, the provincial-level Justice Department
shall send a written proposal enclosed with the notary’s written request to the
Minister of Justice.
2. A notary shall be
relieved from duty in the following cases:
a/ He/she no longer
satisfies the criteria for notaries prescribed in Article 8 of this Law;
b/ He/she has his/her
civil act capacity lost or restricted;
c/ He/she concurrently
performs another regular job;
d/ He/she fails to
conduct notarial practice within 2 years after being appointed as a notary or
fails to conduct notarial practice for 12 consecutive months or more;
dd/ The duration of
suspension from notarial practice prescribed in Clause 2, Article 14 of this
Law has expired but the reason for the suspension still exists;
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g/ He/she is convicted
under a court’s legally effective sentence;
h/ He/she is ineligible
for appointment as a notary in the cases prescribed in Article 13 of this Law
at the time of being appointed.
3. Provincial-level
Justice Departments shall scrutinize and examine the satisfaction of
professional practice criteria by notaries in their localities.
When having grounds to
believe that a notary falls into a case subject to relief from duty prescribed
in Clause 2 of this Article, the provincial-level Justice Department shall send
a written proposal for relief from duty of the notary, enclosed with relevant
supporting documents, to the Minister of Justice.
4. Within 15 days after
receiving a dossier of proposal for relief from duty of a notary, the Minister
of Justice shall consider and decide to relieve the notary from duty.
Article
16. Re-appointment as notaries
1. Notaries who have been
relieved from duty under Clause 1, Article 15 of this Law may be considered for
re-appointment as notaries when they make requests for re-appointment.
2. Except the case
prescribed in Clause 3 of this Article, notaries who have been relieved from
duty under Clause 2, Article 15 of this Law may be considered for
re-appointment as notaries when fully meeting the criteria for notaries
prescribed in Article 8 of this Law and the reasons for their relief from duty
no longer exist.
3. Notaries who have been
relieved ữom duty because as they are convicted under court’s legally effective
sentences of intentional crimes, have been twice sanctioned for administrative
violations in notarial practice but continue committing violations; have been
disciplined in the form of reprimand or in a heavier form twice but still
continue committing violations or in the form of dismissal shall not be
re-appointed as notaries.
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a/ A written request for
re-appointment as a notary, made according to a form set by the Minister of
Justice;
b/ The judicial record;
c/ The health certificate
granted by a competent health agency;
d/ A copy of the decision
on relief from duty of the notary;
dd/ Copies of papers
proving that the reason for relief from duty no longer exists, except the case
prescribed in Clause 1 of this Article.
Article
17. Rights and obligations of notaries
1. Notaries have the
following rights:
a/ To have their right to
notarial practice protected by law;
b/ To participate in the
establishment of notary offices or work under contracts for notarial practice
organizations;
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d/ To request related
individuals, agencies and organizations to provide information and documents
serving the notarization;
dd/ To refuse to notarize
contracts, transactions and translations which violate law or are contrary to
social ethics;
e/ To have other rights
as prescribed in this Law and other relevant laws.
2. Notaries have the
following obligations:
a/ To abide by the
principles of notarial practice;
b/ To practice at a
notarial practice organization;
c/ To respect and protect
lawful rights and interests of notarization requesters;
d/ To explain to
notarization requesters their lawful rights, obligations and interests, and
legal significance and consequences of notarization; if refusing notarization
requests, to clearly state the reasons to notarization requesters;
dd/ To keep secret
contents of notarized documents, unless otherwise agreed in writing by
notarization requesters or provided by law;
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g/ To take responsibility
before law and notarization requesters for documents they have notarized; to
take responsibility before law for operations of notary offices of which they
are partners;
h/ To join
socio-professional organizations of notaries;
i/ To be managed by
competent state agencies, notarial practice organizations where they work and
the notaries’ socio-professional organization of which they are members;
k/ To have other
obligations as prescribed by this Law and other relevant legal documents.
Chapter
III
NOTARIAL
PRACTICE ORGANIZATIONS
Article
18. Principles of establishment of notarial practice organizations
1. The establishment of a
notarial practice organization must comply with this Law and the master plan on
development of notarial practice organizations approved by the Prime Minister.
2. Notary bureaus may be
established only in geographical areas where conditions for development of
notary offices are not available.
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Article
19. Notary bureaus
1. Notary bureaus shall
be established under decisions of provincial-level People’s Committees.
2. Notary bureaus are
public non-business units attached to provincial-level Justice Departments, and
have their own offices, seals and accounts.
The at-law representative
of a notary bureau is the head of such notary bureau. Heads of notary bureaus
must be notaries and shall be appointed, relieved from duty and dismissed by
chairpersons of provincial-level People’s Committees.
3. The name of a notary
bureau must contain the words “notary bureau” followed by the ordinal number of
its establishment and the name of the province or centrally run city where it
is established.
4. Notary bureaus shall
use seals bearing no national emblem. Notary bureaus may have their seals
carved and use them after obtaining establishment decisions. Procedures and
dossiers of request for seal carving and management and use of seals by notary
bureaus must comply with the law on seals.
Article
20. Establishment of notary bureaus
1. Based on the
notarization demand in its locality, a provincial-level Justice Department shall
assume the prime responsibility for, and coordinate with the provincial-level
Departments of Planning and Investment; Finance; and Home Affairs in, preparing
a scheme on establishment of a notary bureau and submit it to the
provincial-level People’s Committee for consideration and decision. The scheme
must state the necessity to establish a notary bureau, its expected
organizational apparatus, name, personnel, location and physical conditions,
and implementation plan.
2. Within 30 days after
the provincial-level People’s Committee issues a decision on establishment of a
notary bureau, the provincial-level Justice Department shall publish the
following information on three consecutive issues of a central or local
newspaper:
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b/ Serial number and date
of issuance of the establishment decision and the date of commencement of
operation of the notary bureau.
3. In case the
provincial-level People’s Committee decides to change the name or address of a notary
bureau, the provincial-level Justice Department shall publish information on
such changes in accordance with Clause 2 of this Article.
Article
21. Transformation and dissolution of notary bureaus
1. When it is no longer
necessary to maintain a notary bureau, the provincial-level Justice Department
shall prepare a scheme on transformation of the notary bureau into a notary
office and submit it to the provincial-level People’s Committee for
consideration and decision.
The Government shall
stipulate in detail the transformation of notary bureaus into notary offices.
2. In case a notary
bureau cannot be transformed into a notary office, the provincial- level
Justice Department shall prepare a scheme on dissolution of the notary bureau
and submit it to the provincial-level People’s Committee for consideration and
decision.
The notary bureau may be
dissolved only after it fully pays its debts, completes procedures for
termination of labor contracts signed with its employees, and settles all
notarization requests already received.
Within 15 days after the
provincial-level People’s Committee issues a decision on dissolution of the
notary bureau, the provincial-level Justice Department shall publish
information on the dissolution of the notary bureau on 3 consecutive issues of
a central or local newspaper.
Article
22. Notary offices
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A notary office must have
at least 2 notaries being its partners. Notary offices have no capital
contributors.
2. The at-law
representative of a notary office shall act as its head. The head of a notary
office must be a notary who is its partner and has practiced notarization for
at least 2 years.
3. The name of a notary
office must contain the words “notary office” followed by the full name of its
head or another notary being its partner as agreed by all notaries who are
partners, and must not be identical to or cause confusion with those of other
notarial practice organizations and violate national historical and cultural
traditions, ethics and fine customs.
4. Notary offices must
have head offices satisfying the conditions prescribed by the Government.
Notary offices may have
their own seals and accounts and shall operate on the principle of financial
autonomy with their revenues coming from notarization charges, notarization
remuneration and other lawful sources.
5. Notary offices shall
use seals bearing no national emblem. Notary offices may have their seals
carved and use them after obtaining establishment permission decisions.
Procedures and dossiers of request for permission for seal carving and
management and use of seals of notary offices must comply with the law on
seals.
Article
23. Establishment and operation registration of notary offices
1. Notaries who jointly
establish a notary office shall compile a dossier of request for establishment
of a notary office and submit it to the provincial-level People’s Committee for
consideration and decision. A dossier of request for establishment of a notary
office must comprise a written request and a scheme on establishment of the
notary office, clearly stating the necessity to establish the notary office,
its expected organizational structure, name, personnel, location, physical
conditions and implementation plan; and copies of appointment decisions of
notaries jointly establishing the notary office.
2. Within 20 days after
receiving a complete and valid dossier of request for establishment of a notary
office, the provincial-level People’s Committee shall consider and decide to
permit the establishment of the notary office; in case of refusal, it shall
issue a written reply clearly stating the reason.
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The contents of operation
registration of a notary office include the name of the notary office, full
name of its head, address of its head office, list of notaries being partners
and list of contractual notaries of the notary office (if any).
4. A dossier of operation
registration for a notary office must comprise a written operation registration
request, papers proving the suitability of the notary office’s location with
the contents stated in its establishment scheme and professional practice
registration dossiers of notaries being its partners and contractual notaries
(if any).
Within 10 working days
after receiving a complete operation registration dossier, the provincial-level
Justice Department shall issue a written operation registration to the notary
office; in case of refusal, it shall issue a written reply clearly stating the
reason.
5. A notary office may
conduct notarial activities on the date it is granted a written operation
registration by the provincial-level Justice Department.
Article
24. Changes of contents of operation registration of notary offices
1. Upon occurence of a
change in any of the contents prescribed in Clause 3, Article 23 of this Law, a
notary office shall register the changed content with the provincial-level
Justice Department with which it has registered its operation.
The relocation of a
notary office to another rural district, urban district, provincial town or
city within the province or centrally run city which has issued the decision
permitting its establishment shall be considered and decided by the provincial-level
People’s Committee and conform with the master plan on development of notarial
practice organizations.
2. Within 7 working days
after receiving a complete dossier of request, the provincial- level Justice
Department shall re-grant the written operation registration to a notary office
which changes its name, address or head; in case of refusal, it shall issue a
written reply clearly stating the reason.
Article
25. Provision of information on contents of operation registration of notary
offices
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Article
26. Publishing of information on operation registration of notary offices
1. Within 30 days after
receiving a written operation registration, a notary office shall publish the
following information on three consecutive issues of a central newspaper or a
newspaper of the locality where it has registered its operation:
a/ Its name and address;
b/ Full names and serial
numbers of the appointment decisions of notaries practicing at the notary
office;
c/ Serial number and date
of issuance of the written operation registration, place of operation
registration and date of commencement of operation.
2. A notary office which
is re-granted the written operation registration shall publish information on
its operation registration in accordance with Clause 1 of this Article.
Article
27. Change of partners of notary offices
1. A notary being a
partner of a notary office may terminate his/her partnership status at his/her
own will or in other cases prescribed by law.
A notary office may admit
new notaries as partners, provided that such notaries are accepted by remaining
notaries being its partners.
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2. In case a notary being
the partner of a notary office dies or is declared to be dead by a court,
his/her heir is entitled to enjoy the value of his/her assets at the notary
office left after paying his/her debts. The heir may become a partner of such
notary office if he/she is a notary and accepted by other notaries who are
partners of such notary office.
Article
28. Consolidation and merger of notary offices
1. Two or more notary
offices located in the same province or centrally run city may be consolidated
into a new notary office by transferring all their assets and lawful rights,
obligations and interests to the consolidating notary office and, at the same
time, terminating their operation.
2. One or more than one
notary office may be merged into another notary office located in the same
province or centrally run city by transferring all its/their assets and lawful
rights, obligations and interests in the merging notary office and, at the same
time, terminating its/ their operation.
3. Provincial-level
People’s Committees shall consider and decide to permit the consolidation and
merger of notary offices.
4. The Government shall
stipulate in detail procedures for consolidation and merger of notary offices.
Article
29. Transfer of notary offices
1. A notary office may be
transferred to other notaries who fully meet the conditions prescribed in
Clause 2 of this Article. A notary office may be transferred only after it has
conducted notarial activities for at least 2 years.
Notaries who have
transferred their notary offices may not participate in the establishment of
new notary offices within 5 years from the date of transfer.
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a/ Having practiced
notarization for at least 2 years, for persons expected to take over the
position of head of the notary office;
b/ Undertaking to
practice at the notary office transferred to him/her;
c/ Undertaking to inherit
the rights and obligations of the transferred notary office.
3. Provincial-level
People’s Committees shall consider and decide to permit the transfer of notary offices.
4. The Government shall
stipulate in detail the order and procedures for transfer of notary offices.
Article
30. Revocation of establishment permission decisions
1. A notary office may
have its establishment permission decision revoked in the following cases:
a/ The notary office
fails to register its operation as prescribed in Article 23 of this Law;
b/ Past the 6-month
period from the date of receiving the written operation registration, the
notary office still fails to commence its operation;
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d/ The notary office has
only one notary being its partner and no new partner added within 6 months from
the date when the number of notaries being its partners becomes insufficient;
dd/ All notaries being
partners of the notary office are relieved from duty, die or are declared by a
court to be dead;
e/ The notary office no
longer satisfies the operation conditions prescribed in this Law and other
relevant legal documents.
2. Provincial-level
Justice Departments shall examine, review and make dossiers to propose
provincial-level People’s Committees to issue decisions to revoke decisions
permitting the establishment of notary offices.
Article
31. Termination of operation of notary offices
1. A notary office shall
terminate its operation in the following cases:
a/ The notary office
terminates its operation at its own will;
b/ The notary office has
its establishment decision revoked under Article 30 of this Law;
c/ The notary office is
consolidated or merged.
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In case a notary office
terminates its operation under Point c, Clause 1 of this Article, its rights
and obligations shall be further exercised and performed by the consolidating
or merging notary office.
A notary office shall
publish information on the expected time of its operation termination on three
consecutive issues of a central newspaper or a newspaper of the locality where
it has registered its operation.
The provincial-level
Justice Department shall revoke the written operation registration of the
notary office and report such to the provincial-level People’s Committee for
the latter to revoke its establishment permission decision and notify in
writing the operation termination of the notary office to the agencies
prescribed in Article 25 of this Law.
3. In case a notary
office terminates its operation under Point b, Clause 1 of this Article, within
7 working days after a decision on revocation of the notary office’s
establishment permission decision is issued, the provincial-level Justice
Department shall revoke the notary office’s written operation registration,
notify in writing its operation termination to the agencies prescribed in
Article 25 of this Law and, at the same time, publish information on the
operation termination of the notary office on three consecutive issues of a
central newspaper or a newspaper of the locality where the notary office has
registered its operation.
Within 60 days after
having its establishment permission decision revoked, a notary office shall
fully pay its tax and other liabilities, complete procedures to terminate labor
contracts signed with notaries and other employees; for notarization requests
it has received but not yet settled, the notary office shall return
notarization request dossiers to notarization requesters. Past this time limit,
if the notary office still fails to fulfill its asset-related liabilities or
the notary office has its establishment permission decision revoked because all
of its partners die or are declared by a court to be dead, assets of the notary
office and its partners shall be used to pay its liabilities in accordance with
the civil law.
Article
32. Rights of notarial practice organizations
1. To sign employment
contracts or labor contracts with notaries prescribed at Points a and c, Clause
1, Article 34 of this Law and other employees.
2. To collect
notarization charges, notarization remuneration and other expenses.
3. To provide
notarization services beyond the working hours applicable to state
administrative agencies to meet people’s notarization demands.
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5. To exercise other
rights as prescribed by this Law and other relevant legal documents.
Article
33. Obligations of notarial practice organizations
1. To manage notaries
practicing at their organizations in observing law and rules on notarial
practice ethics;
2. To comply with the
laws on labor, tax, finance and statistics.
3. To apply the working
hours applicable to state administrative agencies.
4. To post up working
timetables, notarization procedures, rules on receipt of notarization
requesters, and rates of notarization charges and notarization remuneration and
other expenses at their head offices.
5. To purchase
professional liability insurance for their notaries in accordance with Article
37 of this Law and pay compensation for damage in accordance with Article 38 of
this Law.
6. To receive, create
favorable conditions for and manage notarial practice probationers during their
probationary period at their organizations.
7. To create conditions
for their notaries to participate in annual professional re-training.
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9. To keep notarization
registers and preserve notarization dossiers.
10. To share information
on the origin of assets and actual state of asset transactions and other
information on deterrent measures applied to assets related to contracts and
transactions notarized by their notaries to be included in the notarization
database prescribed in Article 62 of this Law.
11. To perform other
obligations as prescribed by this Law and other relevant legal documents.
Chapter
IV
NOTARIAL
PRACTICE
Article
34. Forms of professional practice by notaries
1. Forms of professional
practice by notaries include:
a/ Notaries of notary
bureaus;
b/ Notaries being
partners of notary offices;
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2. The recruitment,
management and employment of notaries prescribed at Point a, Clause 1 of this
Clause must comply with the law on public employees.
The signing and
performance of labor contracts with notaries prescribed at Point c, Clause 1 of
this Clause must comply with this Law and the labor law.
Article
35. Registration of professional practice
1. Notarial practice
organizations shall make professional practice registration for their notaries
at provincial-level Justice Departments with which the notarial practice
organizations have registered their operation.
Notary offices shall make
professional practice registration for their notaries when making operation
registration or registration of changes of operation registration contents
under Article 23 or 24 of this Law.
Notary bureaus shall make
professional practice registration for their notaries after obtaining
establishment decisions or recruiting new notaries.
2. Provincial-level
Justice Departments shall register notarial practice for and grant notary’s
cards to notaries of notarial practice organizations; in case of refusal, they
shall issue a written notice clearly stating the reason to notarial practice
organizations and notaries.
3. When a notary stops
working at a notarial practice organization, this organization shall notify it
to the provincial-level Justice Department for deregistration of the practice
of this notary. This notary may not sign notarized documents from the date of
termination of his/ her partner status or termination of his/her working
contract or labor contract with the notarial practice organization.
Article
36. Notary’s cards
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2. In case their granted
cards are lost or damaged, notaries shall be re-granted notary’s cards.
In case notaries are
relieved from duty or subject to deregistration of their practice, their
notary’s cards shall be revoked.
3. The Minister of
Justice shall stipulate in detail the form of notary’s card, and procedures for
notarial practice registration and grant, re-grant and revocation of notary’s
cards.
Article
37. Professional liability insurance for notaries
1. Professional liability
insurance for notaries is compulsory insurance. The purchase of professional
liability insurance for notaries shall be maintained throughout the operation
duration of a notarial practice organization.
2. Notarial practice
organizations are obliged to purchase professional liability insurance for
their notaries.
Within 10 working days
from the date of insurance purchase or the date of modification or extension of
contracts on professional liability insurance for notaries, a notarial practice
organization shall notify such and send copies of these contracts or the
modified or extended contracts to the provincial-level Justice Department.
3. The Government shall
stipulate in detail conditions for, premium rates and minimum premiums of,
professional liability insurance for notaries.
Article
38. Compensation and indemnity in notarial activities
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2. Notaries, employees or
interpreters being collaborators who cause damage shall indemnify the notarial
practice organization for the compensation amount already paid by this
organization to the damage sufferer in accordance with law; in case they fail
to indemnify such amount, the notarial practice organization may request a
court to settle.
Article
39. Socio-professional organizations of notaries
1. Socio-professional
organization of notaries means a self-managed organization established at the
central or provincial level to represent and protect lawful rights and
interests of notaries; issue rules on notarial practice ethics; supervise
compliance with the notarization law and the rules on notarial practice ethics;
join state agencies in organizing notarial practice training, re-training and
probation; consult competent agencies on the appointment and relief from duty
of notaries, the establishment, consolidation, merger, transfer or operation
termination of notarial practice organizations; and perform other tasks related
to notarial activities under the Government’s regulations.
2. The Government shall
stipulate in detail the establishment, organizational structure, tasks and
powers of socio-professional organizations of notaries.
Chapter
V
PROCEDURES
FOR NOTARIZATION OF CONTRACTS, TRANSACTIONS AND TRANSLATIONS
Section
1. GENERAL PROCEDURES FOR NOTARIZATION
Article
40. Notarization of ready-made contracts and transactions
1. A notarization request
dossier shall be made in one set, comprising:
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b/ The draft contract or
transaction;
c/ A copy of the personal
identity paper of the notarization requester;
d/ A copy of the
ownership certificate or use right certificate or its substitute paper as
permitted by law for assets subject to ownership or use right registration
under law, in case the contract or transaction is related to those assets;
dd/.Copies of other
papers related to the contract or transaction as required by law.
2. The copies specified
in Clause 1 of this Article may be photocopied, printed or typewritten copies
containing full and accurate contents as the originals and do not need to be
certified.
3. A notary shall check
the papers in a notarization request dossier. When the dossier is complete and
valid as prescribed by law, he/she shall accept it and record it in the
notarial register.
4. Notaries shall guide
notarization requesters to comply with regulations on notarization procedures
and relevant regulations on performance of contracts and transactions; clearly
explain to notarization requesters their rights, obligations and lawful
interests as well as the significance and legal consequences of their entry
into contracts or transactions.
5. When having grounds to
believe that a notarization request dossier contains unclear matters, the
contract or transaction was concluded under threat or coercion, or having
doubts about the civil act capacity of the notarization requester, or the
object of the contract or transaction has not yet been specifically described,
a notary may request the notarization requester to clarify the matters or, at
the request of the notarization requester, conduct verification or request
assessment; if the matters cannot be clarified, the notary has the right to
refuse to notarize.
6. A notary shall check
the draft contract or transaction; if the draft contains some articles and
clauses contrary to law or social ethics or the object of the contract or
transaction is incompliant with law, he/she shall point them out for the
notarization requester to modify. If the notarization requester fails to
modify, the notary has the right to refuse to notarize.
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8. If agreeing with the
whole contents of the draft contract or transaction, the notarization requester
shall sign every page of the draft. The notary shall request the notarization
requester to produce the originals of the papers specified in Clause 1 of this
Article for comparison before writing testimonies and signing every page of the
contract or transaction.
Article
41. Notarization of contracts or transactions drafted by notaries at the
request of notarization requesters
1. A notarization
requester shall submit a dossier set as prescribed at Points a, c, d and dd,
Clause 1, and in Clause 2, Article 40 of this Law, and state the contents of,
and the intention of concluding, the contract or transaction.
2. A notary shall perform
the jobs specified in Clauses 3,4 and 5, Article 40 of this Law.
When the contents of, and
the intention of concluding, the contract or transaction are true, lawful and
consistent with social ethics, the notary shall draft the contract or
transaction.
3. The notarization
requester shall himself/herself read the draft contract or transaction or the
notary shall read it for him/her. If agreeing with the whole contents of the
draft contract or transaction, the notarization requester shall sign every page
of the draft. The notary shall request the notarization requester to produce
the originals of the papers specified in Clause 1 of this Article for
comparison before writing testimonies and signing every page of the contract or
transaction.
Article
42. Scope of notarization of real estate contracts or transactions
Notaries of a notarial
practice organization may only notarize contracts and transactions related to
real estate within the province or centrally run city where the organization is
located, excluding testaments or written disclaimers of real estate and letters
of authorization related to the exercise of real estate-related rights.
Article
43. Notarization time limit
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2. The notarization time
limit is two working days; for complicated contracts or transactions, this time
limit may be longer but must not exceed 10 working days.
Article
44. Notarization places
1. Except the cases
specified in Clause 2 of this Article, notarization shall be conducted at head
offices of notarial practice organizations.
2. Notarization may be
conducted outside the head office of a notarial practice organization if the
notarization requester is old and weak and cannot move, is held in custody or
in prison, is serving an imprisonment sentence or has another plausible reason
for being unable to come to the head office of the notarial practice
organization.
Article 45. Scripts in
notarized documents
1. Scripts in notarized
documents must be clear and legible, must not use any abbreviations and
symbols, must not be written between two lines or over the lines, and must not
be erased; no blank space is allowed, unless otherwise provided by law.
2. The time of
notarization shall be expressed in terms of date, month and year; the hour and
minute may also be indicated as requested by the notarization requester or
considered necessary by the notary. Unless otherwise provided by law, numbers
shall be written in both figures and words.
Article
46. Testimonies of notaries
1. Testimonies of a
notary for a contract or transaction must clearly state the time and place of
notarization, full name of the notary and name of the notarial practice
organization; certify that the parties to the contract or transaction act on a
completely voluntary basis and has civil act capacity, and that the purpose and
contents of the contract or transaction are compliant with law and social
ethics, signatures or fingerprints in the contract or transaction are truly
those of the parties to the contract or transaction; and responsibility of the
notary for his/her testimonies; and must bear the signature of the notary and
seal of the notarial practice organization.
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Article 47. Notarization
requesters, witnesses and interpreters
1. Notarization
requesters being individuals must have civil act capacity.
For notarization
requesters being organizations, notarization requests shall be made through
at-law representatives or authorized representatives of these organizations.
Notarization requesters
shall produce all necessary papers related to the notarization and take
responsibility for the accuracy and lawfulness of such papers.
2. In case notarization
requesters cannot read, hear, sign or press fingerprints, or in other cases
prescribed by law, witnesses are required during notarization.
Witnesses must be full 18
years or older, have full civil act capacity and have no rights, interests or
obligations related to the notarization.
Witnesses shall be
invited by notarization requesters or, if notarization requesters cannot invite
witnesses, be designated by notaries.
3. Notarization
requesters who are not fluent in Vietnamese must have interpreters.
Interpreters must be full
18 years or older, have full civil act capacity, and are fluent in Vietnamese
and the language used by notarization requesters.
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Article 48. Signatures,
fingerprints in notarized documents
1. Notarization
requesters, witnesses and interpreters shall sign contracts or transactions in
the presence of notaries.
When a person competent
to conclude contracts of a credit institution or another enterprise has
registered his/her specimen signature at the notarial practice organization,
he/she may sign the contract beforehand; a notary shall compare the signature
in the contract with the specimen signature before notarization.
2. Fingerprints may be
used instead of signatures in case notarization requesters, witnesses or
interpreters are unable to sign because they are physically disabled or do not
know how to sign. For his/her fingerprint, the notarization requester, witness
or interpreter shall use his/her right forefinger; if he/she cannot use the right
forefinger, he/she may use the left forefinger; if he/she cannot use both
forefingers, he/she may use another finger; in this case which finger of which
hand is used must be clearly stated.
3. Both fingerprint and
signature may be used in the following cases:
a/ Notarization of
testaments;
b/ At the request of the
notarization requester;
c/ The notary finds it
necessary to protect the interests of the notarization requester.
Article
49. Pagination of notarized documents
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Article
50. Correction of technical errors in notarized documents
1. Technical errors
include recording, typing or printing mistakes in notarized documents the
correction of which does not affect the rights and obligations of parties to
contracts or transactions.
2. Technical errors in
notarized documents shall be corrected at a notarial practice organization that
has conducted the notarization. If the notarial practice organization that has
conducted the notarization has terminated its operation or been transformed,
transferred or dissolved, the notarial practice organization that is keeping
the notarial records shall correct technical errors.
3. A notary who corrects
technical errors shall match each eưor against papers in the notarial records,
underline the errors to be corrected, write the correct words, marks or numbers
on the page margin, then sign and append the seal of the notarial practice
organization. The notary shall notify the correction of technical errors to the
parties to the contract or transaction.
Article
51. Notarization of the modification, supplementation or cancellation of
contracts or transactions
1. The modification,
supplementation or cancellation of a notarized contract or transaction may be
notarized only with the written agreements or commitments of all parties to
that contract or transaction.
2. The modification,
supplementation or cancellation of a notarized contract or transaction shall be
notarized at the notarial practice organization that has conducted the
notarization and shall be made by a notary. If the notarial practice
organization that has conducted the notarization has terminated its operation
or been transformed, transferred or dissolved, a notary of the notarial
practice organization that is keeping the notarial records shall modify, supplement
or cancel the contract or transaction.
3. Procedures for
notarization of the modification, supplementation or cancellation of a
notarized contract or transaction are the same as procedures for notarization
of contracts and transactions prescribed in this Chapter.
Article 52. Persons having the
right to request courts to declare notarized documents invalid
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Section 2. PROCEDURES FOR NOTARIZATION OF CONTRACTS,
TRANSACTIONS AND TRANSLATIONS, CUSTODY OF TESTAMENTS
Article 53. Scope of application
Procedures for notarization of real estate mortgage
contracts, authorization contracts, testaments, written agreements on division
of estate, written declarations for acceptance of estate or written disclaimers
of estate must comply with the provisions of this Section and the provisions of
Section 1 of this Chapter which are not contrary to the provisions of this
Section.
Article 54. Notarization of
real estate mortgage contracts
1. Real estate mortgage
contracts shall be notarized at a notarial practice organization located in the
province or centrally run city where the real estate is located.
2. In case a real estate
has been mortgaged to secure the performance of one obligation and the mortgage
contract has been notarized but such real estate is then further mortgaged to
secure the performance of another obligation as permitted by law, a subsequent
mortgage contract shall be notarized at the notarial practice organization that
has notarized the first mortgage contract. In case the notarial practice organization
that conducted the notarization has terminated operation or been transformed,
transferred or dissolved, a notary of the notarial practice organization that
is keeping the notarial records shall notarize the subsequent mortgage
contract.
Article
55. Notarization of authorization contracts
1. When notarizing
authorization contracts, notaries shall carefully examine the dossiers and
clearly explain to related parties their rights and obligations as well as
legal consequences of such authorization.
2. In case both the
authorizing party and authorized party cannot appear together at the same
notarial practice organization, the authorizing party shall request the
notarial practice organization of the place of residence of the authorizing
party to notarize the authorization contract; the authorized party shall
request the notarial practice organization of the place of residence of the
authorized party to further notarize the original of this authorization
contract and complete procedures for notarization of the authorization
contract.
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1. A testator shall
personally request notarization of his/her testament but may not authorize
another person to request the notarization.
2. In case the notary
doubts that a testator suffers a mental disease or another disease making
him/her unable to perceive and control his/her acts or has grounds to believe
that the testament has been made deceitfully or under threat or coercion, the
notary shall request the testator to clarify the matter or may refuse to
notarize that testament if the testator cannot clarify the matter.
In case the life of a
testator is under threat, the notarization requester is not required to produce
all the papers specified in Clause 1, Article 40 of this Law but shall clearly
state such in the notarized document.
3. The testator who
wishes to modify, supplement, replace, or cancel part or the whole of, his/her
notarized testament may request any notary to notarize such modification,
supplementation, replacement or cancellation. In case the testament was
previously kept at a notarial practice organization, the testator shall notify
this organization of the modification, supplementation, replacement or
cancellation of the testament.
Article
57. Notarization of written agreements on division of estate
1. The heirs at law or
under a testament which does not specify the portion of the estate to be
enjoyed by each heir may request notarization of their written agreement on the
division of the estate.
In the written agreement
on the division of the estate, an heir may donate the whole or part of his/her
portion of the estate to another heir.
2. In case the estate is
land use rights or an asset subject to ownership registration under law, the
notarization request dossier must comprise the papers proving the estate
leaver’s land use rights or ownership of that estate.
In case of inheritance
under law, the notarization request dossier must comprise the papers proving
the relationship between the estate leaver and the estate heir in accordance
with the law on inheritance. In case of inheritance under a testament, the
notarization request dossier must comprise a copy of the testament.
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Notarial practice
organizations shall post up information on the acceptance for notarization of
written agreements on division of estate before conducting the notarization.
4. A notarized agreement
on division of estate serves as a basis for competent state agencies to
register the transfer of land use rights or asset ownership to estate heirs.
Article
58. Notarization of written declarations for acceptance of estate
1. A sole estate heir or co-heirs at law who agree
not to divide the estate may request notarization of his/her/their written
declaration(s) for acceptance of the estate.
2. The notarization of written declarations for
acceptance of estate must comply with Clauses 2 and 3, Article 57 of this Law.
3. The Government shall stipulate in detail
procedures for posting up information on acceptance for notarization of written
agreements on division of estate and written declarations for acceptance of
estate.
Article
59. Notarization of written disclaimers of estate
Heirs may request
notarization of written disclaimers of estate. When making such a request, the
notarization requester shall produce a copy of the testament in case of
testamentary inheritance or papers proving his/her relationship with the estate
leaver in accordance with the law on inheritance; and the death certificate or
another paper proving the estate leaver’s death.
Article
60. Custody of testaments
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2. When the notarial practice organization that
keeps a testament in custody terminates its operation or is transformed,
transferred or dissolved, it shall, before operation termination,
transformation, transfer or dissolution, reach agreement with the testator on
the transfer of the testament to another notarial practice organization for
custody. If no such agreement is made or such agreement cannot be reached, the
testament and custody charge shall be returned to the testator.
3. The announcement of testaments kept at notarial
practice organizations must comply with the civil law.
Article
61. Notarization of translations
1. The translation of
papers and documents from Vietnamese into a foreign language or vice versa for
notarization shall be done by interpreters being collaborators of notarial practice
organizations. These collaborators must be graduates of foreign language
universities or other universities who are fluent in the foreign language used.
These collaborators shall take responsibility before notarial practice
organizations for the accuracy and consistency of their translations.
2. A notary shall receive
originals of papers and documents to be translated, check them before handing
to an interpreter being a collaborator of the notarial practice organization
for translation. The interpreter shall sign every page of his/her translations
before the notary writes the testimonies and signs every page of such
translations.
Every page of
translations shall be appended with the “Translation” mark in the right top
blank space; translations shall be attached with copies of originals and have
every two adjoining sheets appended with an overlapping seal on their inner
edges.
3. Testimonies of a
notary on translations must clearly state the time and place of notarization,
full name of the notary and name of the notarial practice organization; full
name of the interpreter; certify that the signature in the translations is
truly that of the interpreter; and certify that the translations are accurate
and consistent with law and social ethics; such testimonies must bear the
signature of the notary and seal of the notarial practice organization.
4. A notary may not
receive and notarize translations in the following cases:
a/ He/she knows or must
know that the originals are granted ultra vires or are invalid or counterfeit;
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c/ Papers or documents requested
for translation are classified as state secrets; papers or documents are banned
from dissemination under law.
5. The Minister of
Justice shall stipulate in detail the model testimonies of notaries for
translations.
Chapter VI
NOTARIAL DATABASES AND
PRESERVATION OF NOTARIAL RECORDS
Article 62. Notarial databases
1. A notarial database
includes information on the origin of assets and transaction status of assets
and information on preventive measures applied to assets related to notarized
contracts or transactions.
2. Provincial-level
People’s Committees shall develop their local notarial databases and promulgate
regulations on exploitation and use of notarial databases.
3. The Ministry of
Justice shall assume the prime responsibility for, and coordinate with the
Ministry of Natural Resources and Environment, the Ministry of Construction and
related ministries and sectors in, directing and guiding the development,
management and exploitation of local notarial databases.
Article 63. Notarial records
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2. Notarial records shall be numbered
chronologically in conformity with the recording in the notarial register.
Article 64. Regime of
preservation of notarial records
1. Notarial practice organizations shall strictly
preserve and take security measures for notarial records.
2. The originals of notarized documents and other
papers in notarial records shall be preserved for at least 20 years at head
offices of notarial practice organizations; the preservation of such documents
and papers outside head offices of these organizations shall be approved in
writing by provincial-level Justice Departments.
3. When a competent state agency requests in
writing the supply of notarial records for supervision, examination,
inspection, investigation, prosecution, trial or judgment enforcement related
to notarized affairs, the concerned notarial practice organization shall supply
copies of notarized documents and other relevant papers. The comparison of
copies of notarized documents with their originals may only be conducted at the
notarial practice organization that keeps notarial records.
4. The distraint of assets and search of head
offices of notarial practice organizations must be conducted in accordance with
law and to the witness of representatives of provincial-level Justice
Departments or representatives of local socio-professional organizations.
5. In case a notary bureau is transformed into a
notary office, notarial records shall be managed by the notary office.
When a notary bureau is dissolved, notarial records
shall be transferred to another notary bureau or a notary office designated by
the provincial-level Justice Department.
When a notary office terminates its operation, it
shall reach agreement with another notary office on the receipt of notarial
records; if such agreement cannot be reached or the notary office terminates
its operation because all notaries being its partners die or are declared by a
court to be dead, the provincial-level Justice Department shall designate a
notary bureau or another notary office to receive notarial records.
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1. Copies of notarized documents shall be issued in
the following cases:
a/ At the request of competent agencies in the
cases specified in Clause 3, Article 64 of this Law;
b/ At the request of parties to contracts or
transactions and persons with rights and obligations related to the notarized
contracts or transactions.
2. Copies of notarized documents shall be issued by
a notarial practice organization that keeps the originals of those documents.
Chapter VII
NOTARIZATION CHARGES AND
REMUNERATION AND OTHER EXPENSES
Article 66. Notarization
charges
1. Notarization charges include the charge for
notarizing contracts, transactions or translations, the charge for preserving
testaments and the charge for granting copies of notarized documents.
Requesters for notarization of contracts,
transactions or translations, custody of testaments or grant of copies of
notarized documents shall pay notarization charges.
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Article 67. Notarization
remuneration
1. Notarization requesters shall pay remuneration
when requesting notarial practice organizations to draft contracts or
transactions, typewrite or make copies, translate papers or documents, or
perform other notarial jobs.
2. Provincial-level People’s Committees shall
promulgate ceiling rates of notarization remuneration to be applied to notarial
practice organizations in localities. Notarial practice organizations shall
determine remuneration rates for each job which must not exceed the ceiling
rate of notarization remuneration promulgated by the provincial-level People’s
Committee, and shall publicly post up remuneration rates at their head offices.
Notarial practice organizations that collect notarization remuneration at rates
higher than the ceiling rates and the posted rates shall be handled in
accordance with law.
3. Notarial practice organizations shall clearly
explain notarization remuneration to notarization requesters.
Article 68. Other expenses
1. A notarization requester who asks for
verification or assessment or notarization to be conducted outside the head
office of a notarial practice organization shall pay expenses therefor.
Expense levels shall be agreed upon by notarization
requesters and notarial practice organizations. Notarial practice organizations
may not collect expenses at levels higher than the agreed ones.
2. Notarial practice organizations shall post up
principles of calculating other expenses and clearly explain these expenses to
notarization requesters.
Chapter VIII
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Article 69. Responsibilities
of the Government, the Ministry of Justice and related ministries and sectors
for the state management of notarization
1. The Government shall perform the unified state
management of notarization.
2. The Ministry of Justice shall take
responsibility before the Government and the Prime Minister for the state
management of notarization, and has the following tasks and powers:
a/ To promulgate or submit to competent state
agencies for promulgation legal documents on notarization;
b/ To elaborate, and submit to the Government for
promulgation, notarial profession development policies, and submit to the Prime
Minister for promulgation master plans on development of notarial practice
organizations nationwide;
c/ To assume the prime responsibility for, and
coordinate with related ministries and sectors in, guiding, organizing and
managing the implementation of master plans on development of notarial practice
organizations nationwide;
d/ To disseminate the notarization law and notarial
profession development policies;
dd/ To appoint, re-appoint or relieve from duty
notaries;
e/ To approve the charter of the national
socio-professional organization of notaries after reaching agreement with the
Ministry of Home Affairs; to suspend the implementation and request revision of
documents and regulations of socio-professional organizations of notaries which
are contrary to the Constitution, this Law and other relevant legal documents;
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h/ To annually report on notarial activities to the
Government;
i/ To manage and carry out international
cooperation on notarial activities;
k/ Other tasks and powers prescribed in this Law
and other relevant legal documents.
3. The Ministry of Foreign Affairs shall coordinate
with the Ministry of Justice in guiding, examining and inspecting notarial
activities conducted by overseas Vietnamese representative missions, and
organizing professional notarization re-training for consuls and diplomats
assigned to conduct notarization; and annually report on notarial activities of
overseas Vietnamese representative missions to the Ministry of Justice for
summarization and reporting to the Government.
4. Ministries and ministerial-level agencies shall,
within the scope of their tasks and powers, coordinate with the Ministry of
Justice in performing the state management of notarization.
Article 70. Tasks and powers
of provincial-level People’s Committees and Justice Departments in the state
management of notarization
1. Provincial-level People’s Committees shall
perform the state management of notarization in localities, and have the
following tasks and powers:
a/ To organize the implementation of, and
disseminate, the notarization law and notarial profession development policies;
b/ To take measures to develop notarial practice
organizations in localities in conformity with the Prime Minister-approved
master plan on development of notarial practice organizations;
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d/ To promulgate criteria for approving dossiers of
request for establishment of notary offices; to promulgate decisions permitting
the establishment or change, and revoke decisions permitting the establishment
of notary offices, and permit the transfer, consolidation or merger of notary
offices;
dd/ To promulgate ceiling rates of notarization
remuneration in localities;
e/ To conduct examination and inspection of, handle
violations, and settle complaints and denunciations about, notarization within
their competence; to coordinate with the Ministry of Justice in conducting
examination and inspection of notarization;
g/ To report on the establishment, transformation
and dissolution of notary bureaus to the Ministry of Justice; to permit the
establishment, consolidation, merger or transfer of notary offices in
localities; and annually report on notarial activities in localities to the
Ministry of Justice for summarization and reporting to the Government;
h/ Other tasks and powers prescribed in this Law
and other relevant legal documents.
2. Provincial-level Justice Departments shall assist
provincial-level People’s Committees in performing the state management of
notarization in localities, and perform the tasks and exercise the powers
prescribed in this Law and other relevant legal documents.
Chapter IX
HANDLING OF VIOLATIONS
AND SETTLEMENT OF DISPUTES
Article 71. Handling of
violations of notaries
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Article 72. Handling of
violations of notarial practice organizations
Notarial practice organizations that violate the
provisions of this Law shall be administratively sanctioned and, if causing damage,
pay compensation in accordance with law.
Article 73. Handling of
violations of persons who infringe upon lawful rights and interests of notaries
or notarial practice organizations
Persons with positions or powers who infringe upon
lawful rights and interests of notaries or notarial practice organizations or
who obstruct notaries or notarial practice organizations to exercise their
rights or perform their obligations shall, depending on the nature and severity
of their violations, be disciplined or examined for penal liability and, if
causing damage, pay compensation in accordance with law.
Article 74. Handling of
violations of individuals or organizations that practice notarization illegally
1. Individuals who fail to fully meet the
conditions for practicing notarization but still practice notarization in any
forms shall stop their violations and be administratively sanctioned or
examined for penal liability, and, if causing damage, pay compensation in
accordance with law.
2. Organizations that fail to fully meet the
conditions for practicing notarization but still practice notarization in any
forms shall stop their violations and be administratively sanctioned, and, if
causing damage, pay compensation in accordance with law.
Article
75. Handling of violations of notarization requesters
Notarization requesters
who provide untruthful information or documents, use fake papers or documents,
illegally tamper with or erase papers or documents, or commit other deceitful
acts when requesting notarization shall, depending on the nature and severity
of their violations, be administratively sanctioned or examined for penal
liability and, if causing damage, pay compensation in accordance with law.
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In case a notarial
practice-related dispute arises between a notarization requester and a notary
or a notarial practice organization, the parties may initiate a lawsuit at a
court for settlement.
Chapter X
IMPLEMENTATION
PROVISIONS
Article 77. Notaries’
certification of copies of originals, certification of signatures in papers and
documents
1. Notaries may certify copies of originals and
certify signatures in papers and documents.
2. The certification of copies of originals and
certification of signatures in papers and documents must comply with the law on
certification.
Article
78. Notarization by overseas representative missions of the Socialist Republic
of Vietnam
1. Overseas diplomatic missions and consulates of
the Socialist Republic of Vietnam may notarize testaments, written disclaimers
of estate, letters of authorization and other contracts and transactions in
accordance with this Law and consular and diplomatic regulations, excluding
contracts on purchase and sale, conversion, transfer, donation, lease, mortgage
or contribution of real estate as capital in Vietnam.
2. Consuls or diplomats assigned to conduct
notarization must possess a bachelor of law degree or have received
professional re-training in notarization.
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Article 79. Transitional
provisions
1. Within 24 months after this Law takes effect,
notary offices established by single notaries under Law No. 82/2006/QH11 on
Notarization shall be converted into notary offices organized and operating
under Article 22 of this Law. If notary offices established by single notaries
fail to be converted within this time limit, provincial-level People’s
Committees shall revoke their establishment decisions and provincial-level
Justice Departments shall revoke their notarization operation registration
papers.
The Ministry of Justice shall guide procedures for
conversion of notary offices as prescribed in this Clause.
2. Notary offices established before the effective
date of this Law may retain their registered names. Notary offices shall
re-register their operation if they change any of the contents specified in
Clause 3, Article 23 of this Law after it takes effect, or shall change their
names in conformity with Clause 3, Article 22 of this Law if they change any of
the contents specified in Clause 2, Article 24 of this Law.
3. Notarial practice organizations established
before the effective date of this Law are obliged to purchase professional
liability insurance for notaries under Article 37 of this Law within 90 days
after it takes effect.
4. The rules on notarial practice ethics
promulgated together with Circular No. 11/2012/TT-BTP of October 30, 2012, of
the Ministry of Justice, continue to apply until socio- professional
organizations of notaries prescribed in Article 39 of this Law promulgate new
rules on notarial practice ethics.
Article 80. Effect
This Law takes effect on January 1, 2015.
Law No. 82/2006/QH11 on Notarization ceases to be
effective on the effective date of this Law.
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The Government shall detail articles and clauses as
assigned in this Law.
This Law was passed on June 20, 2014, by the XIIIth
National Assembly of the Socialist Republic of Vietnam at its 7th
session.-
CHAIRMAN OF THE
NATIONAL ASSEMBLY
Nguyen Sinh Hung