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THE MINISTRY
OF JUSTICE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
11/2012/TT-BTP
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Hanoi, October
30, 2012
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CIRCULAR
PROMULGATING
THE RULE ON NOTARIZATION PRACTICE ETHICS
THE MINISTER OF JUSTICE
Pursuant to the Law on
Notarization No. 82/2006/QH11, of November 29, 2006;
Pursuant to the Government’s
Decree No. 02/2008/ND-CP, of January 04, 2008 detailing and guiding
implementation of Law on Notarization;
Pursuant to the Government’s
Decree No. 93/2008/ND-CP, of August 22, 2008 defining the functions, tasks,
powers and organizational structure of the Ministry of Justice;
At the proposal of Director of
Judicial Support Department
The Minister of Justice issues the
Circular promulgating the Rule on notarization practice ethics,
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Article 2. This Circular takes effect on December 20, 2012.
Article 3. The Chief of office, Director of the Justice Support Department, heads
of Ministerial units, Directors of Justice Sub-departments of
central-affiliated cities and provinces, notarization social-professional
organizations, notary practice organizations, notaries and relevant
organizations, individuals shall implement this Circular.
FOR THE
MINISTER OF JUSTICE DEPUTY MINISTER
Nguyen Duc Chinh
THE RULE
ON NOTARIZATION
PRACTICE ETHICS
(Promulgated together with the Circular No. 11/2012/TT-BTP, of
October 30, 2012 of the Minister of Justice)
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Notarization is a noble career,
because the notarization operation ensures the legal safety, prevents disputes,
minimizes risks for contracts, transactions, relies on that, protects rights
and benefits of the State, legal rights and benefits of individuals,
organizations.
The rule on notarization
practice ethics prescribes moral standards, behaviors of notaries
in notarization practice, being basis for notaries to
self-train, self-improve morality in practicing and social life aiming to
enhance professional duty of notaries, enhance prestige of notaries, to
contribute to honoring the notarization profession in society.
Chapter 1.
GENERAL RULES
Article 1. To protect rights,
benefits of the State, legal benefits of individuals, organizations
Notaries have obligation being loyal
to Motherland, for benefits of the People, by their professional operation,
contribute to protect rights and benefits of the State, rights and legal
benefits of individuals, organizations in society.
Article 2. Principles of
notarization practice
Notaries must abide by the following
principles:
1. To abide by Constitution, Law, not
contrary to social ethics.
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3. To take responsibilities before
law on notarized documents, pay compensation for damages due to their fault in
case notarization leads damages for applicants for notarization.
4. To abide by provisions of this
Rule on notarization practice ethics and regulations of notarization
profession-social organization.
Article 3. To respect, protect
prestige, professional repute
1. Notaries have duty to respect,
preserve professional prestige, not allow having acts damaging honor, personal
prestige, and profession repute.
2. Notaries should have civilized,
polite behaviors in professional practice, strong life way in order to receive
love, respect, trust and glory of colleagues, applicants for notarization and
whole society.
Article 4. To self-train and
self-improve
Notaries must non stop improving
ethic, enhancing professional qualification, positively take part in courses of
training, fostering knowledge and effort to study aiming to enhance quality of
work and to serve for applicants for notarization.
Chapter 2.
RELATIONSHIP WITH APPLICANTS FOR NOTARIZATION
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1. Notaries must be devoted with
work, promote ability, use professional knowledge and skills in order to assure
in best way for legal safety of contracts, transactions; have responsibilities
for receipt of and solving requests for notarization
of individuals, organizations fast, timely when the requests for notarization not breach banned things of law, contrary to social
ethics.
2. Notaries are ready to receive and
solve timely request for notarization of requesters in way that always being
present at head office of the notary practice organizations in working-time as
prescribed by law.
3. Notaries have obligation to
explain for applicants for notarization to understand clearly rights,
obligations, legal consequences arised from contracts, transactions requested
for notarization; to answer clearly questions of applicants for notarization
aiming to ensure contracts, transactions in exactness with the will of parties
concluding contracts, transactions; ensure parties have awareness in accordance
to related law and legal value of notarized documents before the notaries who
perform notarization.
4. Notaries are responsible for
supply for applicants for notarization information relating to rights,
obligations and professional duties of notaries in practicing notarization as
required by applicants for notarization.
Article 6. Security of
information, preservation of notarized dossiers
1. Notaries are responsible for
keeping secret of information in dossiers requesting for notarization,
notarized dossiers and all information which they know about authorized content
during practicing process as well as when they are not be notaries, except
where the applicant for notarization provides written consent or except where
the law stipulates otherwise.
2. Notaries are responsible for
preservation of notarized dossiers during course of solving request for notarization
and handing over full notarized dossiers for archivement as prescribed by law.
3. Notaries are responsible for
guiding officers in their notary practice organizations to not reveal secret of
information on notarization which they know in according to internal
rules, regulations of notary practice organizations, provisions of law,
concurrently, explaining clearly their legal liability in case revealing such
information.
Article 7. Behaving between
applicants for notarization equally
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Article 8. Collection of
notarization charges and remunerations
Notarizes are responsible for exact
and full collection and publication of notarization charges and remunerations
as regulation have been listed; when collecting notarization charges and
remunerations must write receipt fully and notify clearly to applicants for
notarization for receipts and amounts which they must pay.
Article 9. Things which notaries
are prohibited to do in relationship with
applicants for notarization
1. Harassing for bribes, causing
difficulties for applicants for notarization.
2. Receiving, claiming any amounts,
other benefits from applicants for notarization, apart from notarization
charges, remunerations and other cost which have been prescribed, defined,
agreed.
3. Receiving money or any material
benefit from the third person in order to perform or not perform notarization
that arising consequence, causing damage to legitimate benefit of applicants
for notarization and relevant parties.
4. Using information which they know
from notarization in order to seek personal benefits.
5. Performing notarization in a case
where the objectives and content of a contract or transaction breach the law or
contrary to social morals.
6. Giving out promises, engagement
aiming to attract applicants for notarization or willingly collect at higher or
lower rates of notarization charges, remunerations comparing to regulations or
agreements.
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8. Collaborating with, facilitating
for applicants for notarization to breach lawful rights and interests of other
organizations, individuals.
9. Paying commission, discount for
applicants for notarization or brokers.
10. Colluding with applicants for
notarization, relevant persons to falsify content of notarized written
documents and dossiers.
Chapter 3.
RELATION WITH COLLEAGUES, NOTARY PRACTICE ORGANIZATIONS,
NOTARIZATION PROFESSION SOCIAL ORGANIZATIONS, OTHER ORGANIZATIONS,
INDIVIDUALS
Article 10. Relation of notaries
with colleagues, notary practice organizations, notarization profession social
organizations
1. Respecting, protecting honor of
colleagues; keeping and promoting the solidarity, friendliness, cooperating and
helping together to complete task.
2. Notaries are responsible for
mutual supervision in practicing, being whole-hearted and combating resolutely
in annulling wrong acts in notarization activities on the basis of respecting
colleagues, ensuring professional secrets, for sustainable development of
notarization profession.
3. When detecting colleagues having
mistake in practicing, notaries have obligations to contribute straight ideas
but not allow lowering honor, prestige of colleagues and to report to
responsible persons if that is act breaching law or causing damages to
profession.
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5. Guiding, helping colleagues who
are novice notaries.
6. Participating in professional
activities and other social activities organized or mobilized by the State,
notary practice organizations, profession social organizations, other
organizations, individuals aiming to contribute in common development of
notarization profession.
7. Submitting member charges for
their profession social organizations as prescribed.
8. Coordinating with notarization
practice organizations to buy professional duty insurance in order to provide
for solving professional risks, accidents.
Article 11. Relation with
notarization practice probation
1. Notaries have duties to participate
in notarization practice probation; raising high responsibility, being
whole-hearted to communicate knowledges and professional experiences for
notarization practice probationers.
2. Notaries guiding probationers are
not permitted to perform the following things:
a) Having personal discrimination
with notarization practice probationers guided by them.
b) Reclaiming material benefits,
money from notarization practice probationers.
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d) Misusing role as guiding notary in
order to forcible probationer must do things apart from scope of probation or
do acts violating law, contrary to social ethics aiming to attain their
benefits.
Article 12. Things which a notary
is not permitted to do in relation with colleagues, notary practice
organizations
1. Offending or having acts casuting
damage to prestige of colleagues, notary practice organizations.
2. Pressuring, threatening or
performing acts breaching law, contrary to social ethics with colleagues in
order to scramble advantages for themselves in practicing profession.
3. Cooperating with individuals,
organizations having ability of pressuring, to compel the applicants for
notarization to arrive their notary practice organizations for notarization
with purpose for profit.
4. Conducting any advertisement for
themselves and their notary practice organizations under any form which are not
in accordance with regulations of law.
5. Conducting acts of broker,
receiving or requiring commission when introducing colleagues to the applicants
for notarization which they do not undertake.
6. Opening other branches,
representative offices, establishments, transaction places apart from head
office of notary practice organizations.
7. Other unsound competition acts.
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Notaries must obey provisions of law
while working with state agencies, other individuals, organizations; having
polite attitude, respecting state officers, other individuals, organizations
upon they cooperating with notaries during course of conducting public
missions, contacting for work.
Chapter 4.
INSPECTION, SUPERVISION, AWARDING, HANDLING OF
VIOLATIONS
Article 14. Inspection,
supervision of compliance of the Rule on
notarization practice ethics
1. Director of the Justice Support
Department, the Chief Inspector of the Ministry of Justice within their
assigned functions, tasks shall organize examination, inspection, supervision
of compliance of the Rule on notarization practice ethics in nationalwide.
2. Directors of the Justice
Sub-departments of central-affiliated cities and provinces shall examine,
supervise compliance of the Rule on notarization practice ethics for notaries,
notary practice organizations in scope of their management localities.
3. The notarization profession social
organizations shall supervise compliance of the Rule on notarization practice
ethics for notaries in their organizations.
4. The notarization practice
organizations shall supervise implemenatation of the Rule on notarization
practice ethics for notaries in their organizations.
Article 15. Awarding and handling
of violation
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2. Notaries implement not in
accordance with the Rule on notarization practice ethics, depending on nature,
extent of violation, will be reminded, criticized, chided, handled discipline
in according to Charter of profession social organizations of notaries,
administratively sanctioned or examined for penal liability as prescribed by
law.