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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Law
No. 46/2024/QH15
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Hanoi,
November 26, 2024
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LAW
ON NOTARIZATION
Pursuant to Constitution of the
Socialist Republic of Vietnam;
The National Assembly hereby
promulgates the Law on Notarization.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
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 a
public service provided by notaries of notarial practice organizations to
certify the authenticity and lawfulness of transactions that are required to be
notarized by Laws or the Government’s Decrees or requested by individuals and
organizations themselves.
Overseas diplomatic missions and
consulates of the Socialist Republic of Vietnam are allowed to notarize
transactions according to the provisions of Article 73 of this Law.
2. “notary” means a person
who has qualifications in accordance with this Law, is appointed by the
Minister of Justice to practise as a notary and address a number of
authentication-related matters according to authentication laws.
3. “notarial requester” means
a Vietnamese individual or organization or a foreign individual or organization
entering into a transaction needing notarization according to the provisions of
this Law.
4. “notarized document” means
a transaction in writing which has been notarized according to the provisions
of this Law.
5. “notarial practice" means
the performance of notarial works by a notary of a notarial practice
organization according to the provisions of this Law and other relevant laws.
Article 3. Transactions
to be notarized
1. A transaction to be notarized is
an important transaction, requiring a high level of legal protection and
required to be notarized by Laws or the Government’s Decrees.
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Article 4.
Social functions of notaries
Notaries shall provide public
services authorized by the State to ensure legal protection for the parties to
transactions; to prevent disputes; to contribute to the protection of the legal
rights and interests of individuals and organizations; and to stabilize and
develop the socio-economic situation.
Article 5.
Principles of notarial practice
1. Compliance with the Constitution
and laws.
2. Objectivity and honesty.
3. Compliance with rules on
notarial practice ethics.
4. Taking responsibility before law
for notarial practice.
Article 6.
Effectiveness and legal value of notarized documents
1. A notarized document shall be
effective from the time when a notary signs and appends the seal of his/her
notarial practice organization to it; the effective date of an electronic
notarized document shall comply with the provisions of clause 2 Article 64 of
this Law.
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3. Notarized documents may be used
as evidence; details and circumstances of notarized documents are not required
to be proven, unless such documents are declared to be invalid by courts.
Article 7.
Spoken and written language used in notarization
The spoken and written language
used in notarization is Vietnamese; in case a notarial requester uses a spoken
and written language other than Vietnamese or uses augmentative and alternative
communication (AAC) methods, it must be translated into Vietnamese.
Article 8.
Responsibilities for state management of notarization
1. The Government shall unify state
management of notarization.
2. The Ministry of Justice shall
take responsibility to the Government for state management of notarization
nationwide.
3. Ministries and ministerial
agencies shall, within their functions, tasks and powers, take responsibility
for cooperating with the Ministry of Justice in state management of
notarization.
4. The People’s Committees of
provinces and central-affiliated cities (hereinafter referred to as “provincial
People’s Committees”) shall, within their functions, tasks and powers, take
responsibility for state management of notarization in their divisions.
Article 9.
Prohibited acts
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a) Disclosing information on
notarized contents, unless notarial requesters agree in writing or otherwise
provided by law; using information on notarized contents to infringe upon
lawful rights and interests of individuals and organizations, and rights and
interests of the State;
b) Notarizing translations the
purposes, subject matters or contents of which violate law or are contrary to
social ethics; inciting or enabling parties to transactions to conduct sham
transactions or commit other deceitful acts;
c) Notarizing transactions which
are related to property 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) Harassing or causing
difficulties for notarial requesters; receiving or requesting money or other
benefits from the notarial requesters in addition to notarial fees, fees and
prices for on-demand services related to notarial acts and other expenses
already determined and agreed; receiving or demanding money or other benefits
from a third party to perform or fail to perform notarial acts;
dd) Forcing others to use their
services; colluding with others to falsify contents of applications for notarization
and notarial records;
e) Spending money or offering other
benefits, exerting pressure, threatening or committing acts which are illegal
or contrary to social ethics in order to gain advantage in notarial acts;
g) Advertising themselves or their
organizations in the mass media;
h) A notary practicing his/her
profession concurrently at two or more notarial practice organizations;
concurrently being a bailiff, lawyer, auctioneer, asset management officer,
legal consultant, and appraiser; working under employment contracts or labor
contracts at enterprises, cooperatives, cooperative unions, agencies, or other
organizations, or participating in jobs that regularly require working during
office hours;
i) A notary participating in the
management of an enterprise, cooperative, or cooperative union other than
his/her notarial practice organization; providing brokerage or agency services
or receiving profits from a transaction which he/she has notarized; performing
production and trading activities or providing services outside the scope of
notarization and authentication;
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l) Providing full or partial
funding with other notaries to establish or receive the entire contributed capital
transferred from all partners of a notary office organized and operating as a
partnership without participating in such notary office as a partner;
contributing capital, receiving capital contribution, cooperating with
organizations and individuals other than notaries to establish or receive the
entire contributed capital transferred from all partners of a notary office
organized and operating in the form of a partnership; investing in the
establishment or purchase of a notary office organized and operating in the
form of a sole proprietorship without acting as the head of such notary office.
2. A notarial practice organization
shall be prohibited from committing the following acts:
a) Performing the acts specified in
points a, b, d, dd, e, g, i and l clause 1 of this Article;
b) Opening branches, representative
offices, establishments and locations of transaction other than the
headquarters of the notarial practice organization;
c) Allowing people who are not
eligible for notarial practice or notaries who are temporarily suspended from
notarial practice to perform notarization and authentication at the
organization;
d) Allowing notaries to perform
notarization and authentication at the organization when its decision to permit
establishment (hereinafter referred to as “establishment permission”) has been
revoked.
3. Individuals and organizations
shall be prohibited from the following acts:
a) Pretending to be notaries,
notarial requesters, witnesses or interpreters;
b) Providing false information and
documents; disclosing or using information that they know after performing
notarial acts according to the provisions of point a clause 1 of this Article;
using counterfeit or illegally erased or modified papers and documents to
request notarization or to request appointment or re-appointment of notaries;
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d) Obstructing notarial activities;
refusing to provide information and documents serving the illegal notarization;
refusing to carry out legal procedures related to notarized transactions
without legal grounds;
dd) Individuals not being notaries,
organizations not being notarial practice organizations committing the
following acts: Providing full funding, contributing capital, receiving
contributed capital, associating or cooperating in sharing profits earned from
notarial activities; providing notarial services; naming organizations,
enterprises, cooperatives, cooperative unions, hanging billboards or performing
other advertising acts with the content of providing notarial services or the
content of services causing confusion with notarial services.
Chapter II
NOTARIES
Article 10.
Criteria for appointment of notaries
A person who fully satisfies the
following criteria shall be considered for appointment as a notary:
1. Being a Vietnamese citizen who
are 70 years old or younger
2. Permanently residing in Vietnam,
observing the Constitution and law, having good ethical qualities and being
physically fit for notarial practice;
3. Obtaining a bachelor of law or
master of law or doctor of law degree;
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5. Having graduated from a notary
training course;
6. Meeting requirements on notarial
apprenticeship results.
Article 11.
Notary training
1. Those who possess a bachelor of
law, master of law or doctor of law degree may attend notary training courses at
notary training institutions.
2. A notary training course must
last for 12 months, except for cases specified in clause 3 of this Article.
3. The following persons must
complete a 6-month notary training course:
a) Those who have served as judges;
procurators; investigators; inspectors, chief verifiers of courts; intermediate
enforcement officers, chief inspectors of civil enforcement; chief inspectors
of prosecution; grade II legal assistants; chief inspectors of justice; chief
specialists, chief legal officers, chief researchers, principal lecturers in
the field of law.
b) Bailiffs, lawyers and
auctioneers who have practiced for full 05 years or more;
c) Professors, associate professors
specializing in law; doctors of law;
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4. Each individual who has
completed a notary training program shall be granted a certificate of
completion of the notary training course by a notary training institution.
5. The Government shall provide
regulations on notary training institutions.
6. The Minister of Justice shall
stipulate the framework program for notary training and equivalence recognition
for those who have been trained in notary abroad.
Article 12.
Notarial apprenticeship
1. An individual who has been granted
a certificate of graduation from a notary training course should contact the
notarial practice organization according to clause 2 of this Article to serve
his/her apprenticeship; if he/she cannot contact the notarial practice
organization, he/she may request the Justice Department to arrange the
apprenticeship.
The apprentice shall register
his/her apprenticeship at the Justice Department of the area where the notarial
practice organization admits the apprentice.
The period of notarial
apprenticeship is 12 months from the effective date of the decision on
apprenticeship registration.
2. Notarial practice organizations
admitting apprentices must have notaries satisfying the conditions for
mentoring apprentice prescribed in Clause 3 of this Article and have material
facilities satisfying the apprenticeship.
3. Notaries assigned as mentors
must have at least two years’ experience in notarial practice. A notary who is
disciplined or administratively sanctioned for violations against regulations
on notarial practice may not act as a mentor within 12 months after the date of
completing the serving of the disciplining decision or administrative
sanctioning decision. A notary who is mentoring apprentices but is disciplined
or administratively sanctioned for violations against regulations on notarial
practice, suspended from notarial practice, dies or is declared dead or missing
by a court, the notarial practice organization shall assign another eligible
notary to continue mentoring; in case there are no more eligible notaries, the
notarial practice organization shall report to the Justice Department for
appointing another notarial practice organization to admit apprentices.
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The mentors shall guide and take
responsibility for tasks performed by apprentices under their guidance.
4. Apprentices must fully serve the
apprenticeship for a specific number of working days and hours required by the
notarial practice organizations admitting them; be provided with guidance on
skills of practicing and performing tasks related to notarization and
authentication assigned by their mentors guide and take responsibility before
their mentors for such tasks.
5. Individuals who have completed
their apprenticeship period may take a final test; if they pass the test, they
shall be granted a certificate of completion of notarial apprenticeship.
The certificate of completion of
notarial apprenticeship is indefinite, except for the case that within 05 years
from the date of issuance of the certificate, if the holder of the certificate
fails to request appointment as a notary, the certificate will cease to be
valid; and then the certificate holder must register for attending and
satisfying the requirements of examination of notarial apprenticeship results
if he/she wishes to be appointed as a notary.
6. The Minister of Justice shall
elaborate this Article.
Article 13.
Appointment as notaries
1. Individuals fully satisfying the
criteria specified in Article 10 of this Law and not included in the group of
individuals ineligible for appointment as notaries specified in clauses 2, 3,
4, 5, 6, 7 and 8 Article 14 of this Law may request the Minister of Justice to
appoint as notaries.
2. The Government shall stipulate
dossiers and procedures for appointment as notaries.
Article 14.
Individuals ineligible for appointment as notaries
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2. Individuals who are undergoing
criminal prosecution; individuals who have been convicted for an unintentional
crime but have not had their criminal records expunged, or for an intentional
crime, including individuals whose criminal records have been expunged.
3. Those who are being put under
supervision by commune authority, placed in compulsory education institutions,
or compulsory detoxification establishments.
4. Those who have their civil act
capacity lost or restricted; have limited cognition or behaviour control.
5. Officials, public employees,
except for public employees of Notary bureaus; officers, non-commissioned
officers, professional army men, workers and public employees of agencies and
units under Vietnam People’s Army; officers, non-commissioned officers, army
men, workers and employees of units and agencies under Vietnam People’s Public
Security.
6. Bailiffs, lawyers, auctioneers,
asset management officers, legal consultants, and appraisers or individuals who
are performing the tasks specified in point h clause 1 Article 9 of this Law.
7. Officials who have been
disciplined by dismissal; public employees who have been disciplined by
dismissal; officers, non-commissioned officers, professional army men, workers
and public employees of agencies and units under Vietnam People’s Army, and
officers, non-commissioned officers, army men, workers and employees of units
under Vietnam People’s Public Security who have been disciplined in the form of
deprival of the title of army man or people’s policeman or have been dismissed.
8. Bailiffs, lawyers, auctioneers,
asset management officers, legal consultants, and valuers who are terminated or
have their legal practice certificates revoked due to violations against for
less than 03 years from the effective date of the termination decision or revocation
of the practice certificate.
Article 15.
Suspension from notarial practice
1. A notary shall be under
suspension from notarial practice in the following cases:
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b) He/she is being subjected to an
administrative handling measure as prescribed in clause 3 Article 14 of this
Law.
Within 05 working days from the day
on which the decision on criminal prosecution or the decision on imposition of
administrative handling measure on the notary is received, the Department of
Justice which has issued the notary’s card shall issue a decision on suspension
from notarial practice.
2. The maximum duration of
suspension from notarial practice is 12 months.
3. The suspension from notarial
practice shall be cancelled ahead of schedule in the following cases:
a) A decision on termination of
investigation or the case is issued, or an effective acquittal is issued by a
court;
b) The notary is no longer
subjected to the administrative handling measure.
Within 05 working days from the day
on which the written request attached to documents proving the cancellation of
suspension from notarial practice sent by the notary is received, the
Department of Justice shall issue a decision to cancel the suspension from
notarial practice.
4. The Government shall stipulate
the submission and posting of information on decisions on suspension from
notarial practice, decisions to cancel suspension from notarial practice.
Article 16.
Termination of notaries
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The notary is automatically
terminated upon reaching the age of 70.
2. A notary shall be terminated in
the following cases:
a) He/she no longer satisfies the
criteria for notaries prescribed in Article 10 of this Law, except for
individuals automatically terminated specified in clause 1 of this Article.
b) He/she is included in the
entities specified in clause 4 Article 14 of this Law;
c) He/she is recruited, appointed
or mobilized to hold one of the positions specified in clause 5 Article 14 of
this Law, except for individuals who have been terminated as specified in
clause 1 of this Article;
d) He/she is included in the
entities specified in point h clause 1 Article 9 of this Law;
dd) He/she fails to conduct
notarial practice within 2 years after being appointed or re-appointed as a
notary or fails to conduct notarial practice for 12 consecutive months or more,
except for cases where notaries fail to conduct notarial practice upon suspension
from notarial practice as specified in Article 15 of this Law, or their notary
offices are suspended from operation as specified in point b clause 1 Article
32 of this Law;
e) 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;
g) He/she has been sanctioned for
administrative violations of regulations on notarial practice for 02 times or
more within 12 months; he/she has conducted notarial practice though he/she
fails to fully satisfy conditions for notarial practice or while he/she is
being suspended from notarial practice;
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i) He/she is convicted under a court’s
legally effective verdict;
k) He/she is ineligible for
appointment as a notary at the time of appointment.
3. The Government shall stipulate
dossiers and procedures for termination of notaries.
Article 17.
Re-appointment as notaries
1. Notaries who have been
terminated to perform other tasks under decisions of competent authorities may
be considered for re-appointment as notaries when they satisfy criteria
specified in clause 1 and clause 2 Article 10 of this Law; in case they are
terminated at their own will, they are considered notaries if they fully meet
the criteria specified in Article 10 of this Law.
2. Notaries who have been
terminated as specified in clause 2 Article 16 of this Law may be considered to
be re-appointed as notaries if they fully satisfy criteria specified in Article
10 of this Law, and the term of termination of notaries of 2 years from the
effective date of the decisions on termination of notaries has expired and the
reasons for their termination no longer exist, except for the entities
specified in clause 3 of this Article.
3. Individuals who fall under one
of the following cases shall be ineligible for re-appointment as notaries:
a) Notaries have been terminated in
case they are convicted under a sentence of an unintentional crime but have not
had their criminal records expunged, or of an intentional crime, including
individuals whose criminal records have been expunged.
b) Notaries have been terminated in
case they have conducted notarial practice when they fail to fully satisfy
criteria for notaries or while they are being suspended from notarial practice;
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4. Powers and procedures for
re-appointment as notaries shall comply with the provisions of appointment as
notaries specified in Article 13 of this Law. The Government shall stipulate
applications for re-appointment as notaries.
Article 18.
Rights and obligations of notaries
1. Notaries shall have the
following rights:
a) To have their right to notarial
practice protected by law;
b) To establish, participate in the
establishment of notary offices, participate in notary offices as partners or
work under employment contracts or labor contracts for notarial practice
organizations;
c) To notarize transactions in
accordance with this Law and other relevant laws; to authenticate copies from
originals, signatures in documents, instruments, signatures of translators as
prescribed by law on authentication;
d) To request related individuals,
agencies and organizations to provide information and documents, and to use
information from databases as prescribed by law to perform notarial acts;
dd) To exercise other rights
according to the provisions of this Law and other relevant laws.
2. Notaries shall have obligations
to:
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b) respect and protect lawful
rights and interests of notarial requesters;
c) conduct notarial practice at 01
notarial practice organization; work the required days and hours as per
regulations of the notarial practice organizations;
d) guide notarial requesters to
comply with regulations on notarization procedures and provisions of relevant
law; explain to notarial requesters their lawful rights, obligations and
interests, and legal significance and consequences of notarization;
dd) refuse notarization in case
transactions in violation of law, social ethics and other cases as prescribed
by this Law; clearly explain the reasons for refusal of notarization;
e) keep contents of notarized
documents secret, unless otherwise agreed in writing by notarial requesters or
provided by law;
g) attend notary re-training
courses every year;
h) join notary associations in
divisions where they wish to practice and to maintain their membership status
throughout the course of practicing notary practice in such divisions;
i) take responsibility before law
and notarial requesters for document they have notarized;
k) take responsibility before law
for operations of notary offices of which they are partners or owners of sole
proprietorships;
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Chapter III
NOTARIAL PRACTICE
ORGANIZATIONS
Article 19.
Notarial practice organizations
1. Notarial practice organizations
include Notary bureaus and notary offices that are organized and operate in
accordance with the provisions of this Law and other relevant laws.
2. The Ministry of Justice shall
develop and propose to the Government to issue strategies for development of
the notarization field; provide guidance to local authorities for developing
Schemes on management and development of notarial practice organizations.
3. The Provincial People’s
Committees shall promulgate Schemes on management and development of notarial
practice organizations; consider deciding the transfer of the authority to
authenticate transactions from the district-level Justice Departments and the
commune-level People's Committees to notarial practice organizations in
districts where notarial practice organizations have been developed to meet the
notarization requirements of individuals and organizations as prescribed by the
Government.
Article 20.
Notary bureaus
1. Notary bureaus shall be
established under decisions of provincial People’s Committees.
2. Notary bureaus are public
service providers affiliated to the provincial Justice Departments, and have
their own offices, seals and accounts, and are organized and operate in
accordance with the provisions of this Law, and law on public service providers
and fully meet the following requirements:
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b) The headquarters of notaries
must fully satisfy requirements prescribed by the Government.
3. The at-law representatives of
notary bureaus shall be the heads of such notary bureaus who are appointed,
terminated and dismissed by Directors of Justice Departments as prescribed by
law. The heads of notary bureaus must be notaries who have practiced for at
least 02 years.
4. 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 central-affiliated city where it
is established.
5. 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 applications for
seal carving shall comply with the law on seals.
6. The publishing of information on
establishment, conversion and dissolution of Notary bureaus shall comply with
the provisions of the Government.
Article 21.
Establishment of Notary bureaus
1. A Justice Department shall take
charge and cooperate with relevant agencies affiliated to the provincial
People’s Committee in charge of planning and investment, finance and internal
affairs in developing a scheme on establishing a Notary bureau and submit it to
the Provincial 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, physical conditions, and
implementation plan.
New Notary bureaus may only be
established in district-level divisions where qualified notary offices have not
yet been developed to satisfy notarization demands.
2. Notaries of Notary bureaus are
permitted to conduct notarial practice from the day on which decisions on
establishment of Notary bureaus are issued or Notary bureaus employ more
notaries.
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1. In case a qualified notary
office of a local division has been developed to satisfy the notarization
demands from applicants and on the basis of the provisions of relevant law, the
Justice Department shall prepare a scheme on conversion of the Notary bureau
into a notary office and submit it to the provincial People’s Committee for
consideration and decision.
2. In case a notary bureau cannot
be transformed into a notary office, the Justice Department shall prepare a
scheme on dissolution of the notary bureau and submit it to the provincial
People’s Committee for consideration and decision.
Procedures for dissolution of the
Notary bureau shall comply with the provisions of law on public service
providers. 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.
3. The Government shall stipulate
in detail the conversion of Notary bureaus into notary offices; regulate
timeline for completing the conversion of Notary bureaus into notary offices,
dissolution of Notary bureaus in local divisions.
Article 23.
Notary offices
1. Notary offices shall be
organized and operate in accordance with this Law and other relevant laws
concerning partnerships; In district-level administrative divisions with low
population density, where infrastructure and services are underdeveloped, and
there are difficulties in establishing notary offices in the form of
partnerships, notary offices shall be organized and operate in accordance with
the provisions of this Law and other relevant laws regarding partnerships and
sole proprietorships.
The Government shall stipulate the
list of district-level administrative divisions where notary offices that are
organized and operate in the form of sole proprietorships are permitted to be
established and the conversion of forms of Notary offices in such
district-level administrative divisions.
2. A notary office that is
organized and operate in the form of a partnership must have at least 02
partners and no capital contributors. Partners must be notaries and have equal
rights when deciding on the matters of the notary office. The head of the
notary office must be a partner of a Notary bureau and have practiced
notarization for at least 02 years.
If the notary office is organized
and operates in the form of a sole proprietorship, the owner of the sole
proprietorship shall also be the Head of the notary office and must be a notary
who has practiced notarization for at least 02 years.
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4. The name of a notary office
shall contain the words “notary office” followed by the proper name in
Vietnamese of the notary office chosen by all partners of the notary office
that is organized and operate in the form of a partnership or the notary who is
the head of the notary office that is organized and operate in the form of a
sole proprietorship in a manner that ensures the following requirements:
a) It is prohibited to use the
names of state agencies, units of the people's armed forces, political
organizations, socio-political organizations, socio-professional political
organizations, social organizations, and socio-professional organizations as
all or part of the proper name of the notary office;
b) It must not be identical to or
cause confusion with the name of another notarial practice organization
operating nationwide;
c) It is prohibited to use words or
symbols that violate the historical, cultural, ethical traditions and customs
of the nation.
5. The headquarters of notary
offices must fully satisfy requirements prescribed by the Government.
Notary offices shall have their own
seals and accounts and operate on the principle of financial autonomy with
their revenues coming from notarial fees, notarization-related service fees
related to the notarization and other lawful sources.
6. Notary offices shall use seals
bearing no national emblem. Notary offices may have their seals carved and use
them after obtaining registration certificates. Procedures and applications for
seal carving shall comply with the law on seals.
Article 24.
Establishment of Notary offices
1. On the basis of the provisions
of law on requirements for establishing notary offices, notaries requesting
establishment of notary offices shall prepare applications for establishment of
notary offices and submit them to the Justice Departments of divisions where
the notary offices are intended to be established.
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a) He/she is being a public
employee of a Notary bureau;
b) He/she is being a partner of 01
notary office;
c) He/she is being the Head of a
notary office that is organized and operates in the form of a sole
proprietorship;
d) The 2-year term prescribed in
clause 6 Article 27, clause 5 Article 31 and clause 4 Article 34 of this Law
has not yet expired.
3. Notary offices established in
divisions with difficult/extremely difficult socio-economic conditions may be
given tax incentives in accordance with tax laws and other incentives in
accordance with the Government’s regulations.
4. The Government shall stipulate
dossiers and procedures for establishment of notary offices.
Article 25.
Registration of notary offices
1. Within 90 days from the
effective date of the establishment permission decision, the notary office
shall be registered with the Justice Department of the division where the
decision is issued.
2. The contents of registration of
a notary office include:
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b) Address of its headquarters;
c) Full name, personal
identification number (PIN), number of the decision on appointment as notary of
the Head of the notary office;
d) Full names, personal
identification numbers (PINs), numbers of the decisions on appointment as
notaries of partners of notary offices that are organized and operate in the
form of partnerships;
dd) The list of notaries working
under labor contracts of the notary office (if any).
3. Notary offices may be operated,
notaries of notary offices may be practiced from the day on which notary
offices are granted registration certificates.
4. The Government shall stipulate
dossiers and procedures for registration of notary offices.
Article 26.
Changes of contents of registration of notary offices
1. Within 10 days from the day on
which one of the contents specified in clause 2 Article 25 of this Law is
changed, a notary office shall register the changed content with the Justice
Department of division where the notary office has registered its operation.
In case of addition of partners or
notaries working under labor contracts of a notary office, notaries may be
practiced from the day on which the notary office is re-granted the
registration certificate or has the changed contents recorded in the
registration certificate of the notary office by the Justice Department.
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The change of name of the notary
office must satisfy requirements specified in clause 4 Article 23 of this Law.
2. The Justice Department shall
re-grant the registration certificate when a notary office changes its name,
address or head; in case of changing other contents of registration
certificate, the Justice Department shall record the changed contents in the
registration certificate of the notary office.
3. Notary offices that have their
registration certificates lost or damaged shall be re-granted.
4. The Government shall stipulate
dossiers, procedures for changing and re-issuance of registration certificates
of notary offices; the provision of information on contents of registration
certificates, change of contents, suspension from operation, shutdown of notary
offices; publishing of contents of registration certificates of notary offices.
Article 27.
Termination of partnership status of notary offices
1. A notary terminates the
partnership status of a notary office in the following cases:
a) The notary voluntarily withdraws
his/her capital from the notary office or transfers all of his/her contributed
capital to one or several other partners of the notary office; transfers all of
his/her contributed capital as prescribed in Article 30 of this Law;
b) The notary is given a decision
on termination of notary or falls under the case of automatically termination
as prescribed by this Law;
c) The notary is dead or declared
dead or missing by a court;
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2. A partner may withdraw their
capital from a notary office or transfer all of their contributed capital to
one or several other partners of the notary office, provided that at least
three-quarters of the total number of partners of the notary office approve in
writing, and the notary office must have at least two partners remaining at the
time the partner withdraws their capital or transfers their contributed
capital.
A partner must notify in writing to
other partners and the Justice Department where the notary office registers its
operations of the request for capital withdrawal at least 06 months before the
withdrawal date; capital can only be withdrawn at the end of the financial year
and after the financial statements of the notary office for that financial year
have been approved.
The notary office shall notify in
writing to the Justice Department of the notary’s completion of capital
withdrawal or contributed capital transfer. The partnership status of the
notary shall terminate at the time the Justice Department records it in the
registration certificate of the notary office. In case the Head of the notary
office withdraws his/her capital or transfers his/her contributed capital, the partnership
status of the notary shall terminate at the time the Justice Department
re-grants the registration certificate of the notary office.
3. A partner shall be expelled from
a notary office as prescribed by the Law on Enterprises. Documents proving and
documents concerning the expulsion of the partner shall be sent to the Justice
Department upon requesting change of contents of registration. The
partnership status of the expelled notary shall terminate at the time the
Justice Department records the expulsion in the registration certificate of the
notary office. In case the Head of the notary office is expelled, the
partnership status of the notary shall terminate at the time the Justice
Department re-grants the registration certificate of the notary office.
4. The value of the contributed
capital of a partner in any of the cases specified in points b, c and d clause
1 of this Article shall be paid to a notary or their heir according to the
proportion of the capital contribution after deducting his/her liabilities.
5. In case the name of a notary
whose the partnership status is terminated is used to name a notary office, the
notary office must change the name when requesting change of contents of
registration of the notary office.
6. Within 02 years from the date of
terminating the partnership status according to the provisions in points a, b,
and d clause 1 of this Article, the notary whose partnership status has been
terminated shall still be jointly liable for all of their property for the
debts of the notary office arising during the period they were a partner of
that notary office; after this period, the notary may establish or participate
in the establishment of a new notary office, join another notary office as a
partner, or purchase a notary office that is organized and operate in the form
of a sole proprietorship.
Article 28.
Admission of new partners of notary offices
1. A notary office may admit new
partners if at least three-quarters of the total number of partners agree. Each
partner must fully contribute the capital commitment to the notary office
within 15 days from the date of approval to become a partner. After the new
partner fully pays the committed capital, the notary office shall submit an
application for changing contents of registration due to the admission of such
partner.
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Article 29.
Consolidation and merger of notary offices that are organized and operated in
the form of partnerships
1. Two or more notary offices
located in the same province or central-affiliated city may be consolidated
into a new notary office (hereinafter referred to as “consolidated notary
office") by transferring all their property and lawful rights, obligations
and interests to the consolidated notary office and, at the same time, shutting
down the consolidating notary offices.
One or several notary offices may
be merged into another notary office located in the same province or
central-affiliated city by transferring all their property and lawful rights,
obligations and interests to the merging notary office and, at the same time, shutting
down the merged notary offices.
2. The Provincial People’s
Committees shall consider deciding the permission for consolidation or merger
of notary offices.
3. The Government shall stipulate
dossiers and procedures for consolidation and merger of notary offices.
Article 30.
Transfer of the entire capital contribution of all partners of a notary office
1. After a notary office operated
for at least 02 years, the entire partners of the notary office may transfer
the entire capital contribution to at least 02 other notaries who fully meet
the conditions prescribed in Clause 2 of this Article.
2. A notary receiving the
contributed capital by transfer as prescribed in clause 1 of this Article must
fully meet the following conditions:
a) The notary have practiced
notarization for at least 2 years if he/she is expected to take over the
position of head of the notary office;
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c) The notary must undertake to practice
as a partner at the notary office that he/she received the contributed capital
by transfer.
3. The provincial People’s
Committees shall consider deciding the permission for transfer of the entire
capital contribution of all partners of notary offices.
4. The partnership status of a
notary transferring all of his/her contributed capital shall be terminated at
the time the Justice Department re-grants the registration certificate of the
notary office.
5. Within 02 years from the date of
terminating the partnership status, the notary whose partnership status has
been terminated shall still be jointly liable for all of their property for the
debts of the notary office arising during the period they were a partner of
that notary office; after this period, the notary may establish or participate
in the establishment of a new notary office, join another notary office as a
partner, or purchase a notary office that is organized and operate in the form
of a sole proprietorship.
6. The Government shall elaborate
this Article.
Article 31.
Sale of notary offices that are organized and operate in the form of sole
proprietorships
1. After a notary office that is
organized and operates in the form of a sole proprietorship has operated for at
least 02 years, the head of the notary office may sell his/her notary office to
another notary.
2. A notary who purchasing a notary
office as prescribed in clause 1 of this Article must fully meet the following
conditions:
a) The notary has practiced
notarization for at least 02 years;
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c) The notary must undertake to
practice as the head of the notary office that he/she is intended to purchase.
3. The provincial People’s
Committees shall consider deciding the permission for sale of notary offices
that are organized and operate in the form of sole proprietorships.
4. After selling a notary office,
the head shall still be liable for all of the other debts and obligations of
the notary office arising during the period before transferring the notary
office, unless otherwise agreed upon by the head of the notary office,
purchaser and creditor.
5. Upon expiration of the term of 2
years from the date of selling a notary office as prescribed in this Article,
the notary who has sold the notary office is permitted to establish or
participate in establishing a new notary office or participate in another
notary office as a partner or purchase a notary office that is organized and
operates in the form of a sole proprietorship.
6. The Government shall elaborate
this Article.
Article 32.
Suspension from operation of notary offices
1. A notary office shall be
suspended from operation in the following cases:
a) All notaries of the notary office
have been suspended from notarial practice;
b) The notary office is unable to
operate due to force majeure events or objective obstacles as prescribed by the
Civil Law.
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a) The maximum period shall be 12
months for cases specified in point a clause 1 of this Article;
b) The suspension period shall be
the period during which a force majeure event or objective obstacle occurs for
cases specified in point b clause 1 of this Article.
3. Within 15 days from the date of
occurrence of the event mentioned in Clause 1, the Justice Department where the
notary office is registered with shall issue a decision on suspension from
operation of the notary office. Within 15 days from the day on which the reason
for suspension no longer exists, the Justice Department shall issue a decision
to terminate the suspension from operation of the notary office.
4. A notary office suspends
its operation in a case specified in clause 1 of this Article shall transfer
notarial records upon request for technical corrections in notarized documents,
amendments, supplements, termination, cancellation of transactions, issuance of
copies of notarized documents, and notarization of mortgage contracts in accordance
with Clause 2 of Article 56 of this Law to a notarial practice organization
designated by the Department of Justice to receive the records for
implementation; the Department of Justice shall take charge and cooperate with
the Notary Association and relevant agencies and organizations in transferring
notarial records. Upon expiration of the suspension period, these notarial
records shall be handed back to the notary office.
The Minister of Justice shall
elaborate this clause.
Article 33.
Revocation of establishment permission of notary offices
1. A notary office shall have its
establishment permission revoked in the following cases:
a) The notary office fails to
register its operation within the prescribed period specified in Article 25 of
this Law or contents of registration do not comply with the application for
establishment of the notary office approved by the provincial People's
Committee;
b) The contents declared in the
application for establishment of the notary office are forged;
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d) The notary office fails to
operate continuously for 03 months or more, except in cases of suspension from
operations as stipulated in Article 32 of this Law;
dd) The notary office that is
organized and operates in the form of a partnership has only one partner,
except for the cases specified in clause 2 of this Article;
e) All partners of the notary
office or notary that is the head of the notary office that is organized and
operates in the form of a sole proprietorship are terminated, die or are
declared by a court to be dead or are prohibited from notarial practice by a
court.
g) The notary office fails to
ensure maintenance of the satisfaction with operation conditions according to
the provisions of this Law and decrees elaborating this Law;
h) The notary office fails to
maintain the satisfaction with requirements regarding notaries and headquarters
as per the application for establishment approved by the provincial People’s
Committee and registration certificate issued by the Justice Department within
at least 01 year from the date of issuance of the certificate, except in cases
specified in point g of this clause;
i) In case an organization or
individual that is not a notary establishes or participates in establishment,
receives all of the contributed capital of all partners or purchases the notary
office, the notary office shall be operated in the form of a sole
proprietorship;
k) The suspension period of the
notary office specified in Article 32 of this Law is expired but the reason for
suspension still exists, except in case of suspension from operation due to
force majeure events or objective obstacles.
2. In case a notary office has only
one partner remaining because the other partner dies, is declared dead by a
court, is expelled from the notary office, is terminated of notary, or is
prohibited from notarial practice by a court, it is required to supplement at
least one new partner within 6 months from the date on which the notary office
has only one partner remaining. Upon expiration of such period, if the
notary office fails to add partners, the establishment permission decision
shall be revoked.
3. The Justice Department shall
inspect, review and prepare applications for issuing decisions to revoke notary
office establishment permission decisions by the Provincial People’s
Committees.
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1. A notary office shall shut down
in the following cases:
a) The notary office requests for
shutdown;
b) The notary office has its
establishment permission revoked;
c) The notary office is
consolidated or merged.
2. In case of shutdown according to
the provisions of point a clause 1 of this Article, at least 30 days before the
planned time of shutdown, a notary office shall send a written report on the
planned shutdown to the provincial Justice Department with which it has
registered. Before the time of shutdown, the notary office shall fully pay its
tax and other liabilities, complete procedures to terminate labor contracts
signed with notaries and other staff members and settle notarization requests
already received. If it is unable to settle notarization requests already
received, the notary office shall reach agreement with notarial requesters on
the performance of such requests.
In case a notary office shuts down
under Point c, Clause 1 of this Article, its rights and obligations shall be
further exercised and performed by the consolidated or merging notary office.
A Justice Department shall revoke
the registration certificate of a notary office within 7 working days from the
day on which the notary office completes its obligations specified in this
clause and propose the provincial People’s Committee to revoke the
establishment permission.
3. In case a notary office shuts
down under Point b, Clause 1 of this Article, within 7 working days after a
decision to revoke notary office’s establishment permission is issued, the provincial
Justice Department shall revoke the notary office’s written registration
certificate.
Within 60 days after having its
establishment permission 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 applications for notarization to
notarial requesters. Past this time limit, if the notary office still fails to
fulfil its property-related liabilities or the notary office has its
establishment permission revoked because all of the partners of the notary
office (if it is organized and operates in the form of a partnership) or the
notary who is the head of the notary office (if it is organized and operates in
the form of a sole proprietorship) die or are declared dead by a court, the
property of the notary office, its partners and owner of the sole
proprietorships shall be used to pay its liabilities in accordance with the
civil law and other relevant laws.
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5. The Government shall elaborate
this Article.
Article 35.
Rights of notarial practice organizations
1. Sign employment contracts
or labor contracts with notaries prescribed at Points a and c, Clause 1,
Article 37 of this Law and other employees.
2. Collect notarial fees,
on-demand service fees related to notarization and other expenses as prescribed
by this Law and other laws.
3. Provide notarization
services outside the working days or hours applicable to state administrative
agencies to meet notarization demands of individuals or organizations.
4. Exploit and use
information from the notarization database and national population database and
relevant databases in accordance with notarization laws.
5. Exercise other rights according
to the provisions of this Law and other relevant laws.
Article 36.
Obligations of notarial practice organizations
1. Monitor and ensure that notaries
practicing at their organizations follow administrative procedures in
accordance with the provisions of law, comply with Code of Ethics for notaries,
the Charter of the Vietnam Notary Association, and implement the decisions of
competent state authorities.
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3. Apply the working days or hours applicable
to state administrative agencies and ensure that their notaries and other
employees comply with the regulations on working days and hours.
4. Post up working timetables,
notarization procedures, rules on receipt of notarial requesters, notarial fees,
on-demand service fees related to the notarization and other expenses at their
headquarters; send reports to Justice Departments for approving and posting up
lists of their freelance translators.
5. Purchase professional liability
insurance for their notaries in accordance with Article 39 of this Law; pay
compensation for damage in accordance with Article 40 of this Law.
6. Receive, manage and enable
notarial apprentices during their apprenticeship period at their organizations.
7. Enable their notaries to
practice notarization, participate in annual re-training for notarial
profession.
8. Comply with competent state
agencies’ requests concerning reporting, examination, inspection and provision
of information on notarized transactions; authenticated papers and documents.
9. Make registers of notarization
requests, notarial registers, other types of books, and keep notarial records
in accordance with law.
10. Provide information to be
entered into notarization databases in accordance with the provisions of
Article 66 of this Law.
11. Keep contents of notarized
documents secret, unless otherwise agreed in writing by notarial requesters or
provided by law;
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13. Receive notarial records
designated by the Justice Departments in accordance with the provisions of
Article 68 of this Law.
14. Fulfil other obligations
according to the provisions of this Law and other relevant laws.
Chapter IV
NOTARIAL PRACTICE
Article 37.
Forms of professional practice by notaries
1. Forms of professional practice
by a notary include:
a) The notary is a public employee
of a Notary bureau;
b) If the notary was a partner of a
notary office that is organized and operates in the form of a partnership or
the head of a notary office that is organized and operates in the form of a
sole proprietorship, or the notary is the head of a notary office that is
organized and operates in the form of a sole proprietorship.
c) The notary works under a labor
contract in a Notary bureau or a notary office.
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The professional practice of
notaries specified in point b clause 1 of this Article shall comply with the
provisions of this Law and enterprise laws.
The signing and performance of
labor contracts with notaries prescribed at Point c, Clause 1 of this Clause
must comply with this Law and labor laws and public service provider laws.
Article 38.
Notary’s cards
1. When practicing notarization,
notaries shall carry their notary’s cards.
2. Justice Departments shall issue
cards to notaries of Notary bureaus after decisions on establishment of Notary
bureaus are issued or Notary bureaus employ more notaries.
Justice Departments shall issue
cards to notaries of notary offices when issuing registration certificates,
renewing or changing contents of registration certificates of notary offices in
case notary offices employ more notaries.
3. In case their granted cards are
lost or damaged or notarial practice organizations change their names, notaries
shall be re-granted notary’s cards.
4. In case notaries are terminated
or they no longer practice notarization at notarial practice organizations
granting their cards, notarial practice organizations dissolve, shut down or
change their names, notary’s cards shall be revoked.
5. The Minister of Justice shall
stipulate in detail the form of notary’s cards, issuance, renewal and
revocation of notary’s cards.
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1. Professional liability insurance
for notaries is compulsory insurance.
2. Notarial practice organizations
are obliged to purchase professional liability insurance for their notaries.
The purchase of professional liability insurance for notaries shall be
maintained throughout the operation duration of a notarial practice
organization.
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 a Justice Department.
3. The Government shall stipulate
in detail conditions, rules of insurance, insurance premiums and sum assured of
professional liability insurance for notaries.
Article 40.
Compensation for damage in notarial activities
1. Notarial practice organizations
shall pay compensation for damage caused to notarial requesters and other
organizations and individuals due to faults of their notaries or employees in
the process of notarization.
In case a notarial practice
organization has transformed, consolidated or merged, the heir of its rights
and obligations shall pay compensation for damage; in case a notarial practice
organization has dissolved or shut down, its notaries or employees who directly
cause damage shall pay compensation by themselves, including individuals who no
longer are notaries or employees of the notarial practice organization.
2. Notaries, employees who directly
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, even if they are no longer notaries or employees of the
notarial practice organization; in case they fail to indemnify such amount, the
notarial practice organization may request a court to settle.
Article 41.
Socio-professional organizations of notaries
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2. The Vietnam Notary Association
shall issue code of ethics for notarial practice to be applicable nationwide.
The code of ethics for notarial practice must not be contrary to the provisions
of law and the Charter of the Vietnam Notary Association.
3. A socio-professional
organization of notaries shall have the following duties and powers:
a) Represent and protect rights and
interests of notaries practicing notarization;
b) Annually review and evaluate the
quality of the notary contingent; supervise notaries complying with the
provisions of law on notarization, the code of ethics for notarial practice;
c) Participate with state agencies
in organizing training and apprenticeship of notarial practice, annual
re-training for notarial profession, and professional guidance for members;
d) Other duties and powers related
to notarial activities in accordance with the provisions of this Law and the
Government's regulations.
4. The Ministry of Justice shall
approve the Charter of the Vietnam Notary Association after reaching a
consensus with the Ministry of Home Affairs; suspend the implementation and
request amendments to resolutions, decisions, regulations, and the Code of
Ethics for notarial practice issued by the Vietnam Notary Association that are
contrary to the provisions of this Law and other relevant laws.
5. The Government shall elaborate
this Article.
Chapter V
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Section 1.
General procedures for notarization
Article 42.
Notarization of ready-made transactions
1. A notarial requester shall
submit an application for notarization online, in person or by post to a
notarial practice organization. The application for notarization shall include
the following documents:
a) The draft transaction;
b) The copy of identity card or
passport or another personal identity paper of the notarial requester in
accordance with law;
c) The copy of the certificate of
property ownership or right to use property, or the judgment, decision of a
court, or another decision of a competent state agency regarding the handling
of property or its substitute paper as prescribed by law for property subject
to ownership or use right registration under law, in case the transaction is
related to the property;
d) Copies of other papers related
to the transaction as required by law.
In case the notarial practice
organization has accessed the information specified in points b, c and d of
this clause in the national population database, or other databases under law,
the notarial requester is not required to submit these documents but must pay
the data access fee as prescribed by law for the notary practice organization
to access the data.
2. A notary shall check the
documents in an application for notarization. When the application is complete
and valid as prescribed by law, he/she shall accept and process it; In case of
rejection, he/she shall directly explain the reason for rejection or reply in
writing to the notarial requester.
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4. When having grounds to believe
that an application for notarization contains unclear matters, the transaction
was concluded under threat or coercion, or having doubts about the civil act
capacity of the notarial requester, or the object of the transaction has not
yet been specifically described, a notary may request the notarial requester to
clarify the matters or, at the request of the notarial requester, conduct
verification or request assessment; In the event that the notarial requester
cannot clarify and refuses verification, assessment request, or the matter has
been verified or assessed but still remains unclear, the notary shall refuse to
notarize.
5. A notary shall check the draft
transaction. If the draft transaction contains some articles and clauses
contrary to law or social ethics or the object of the transaction is
inconsistent with law, the notary shall point them out for the notarial
requester to modify. If the notarial requester fails to modify, the notary has
the right to refuse to notarize.
6. The notarial requester shall
himself/herself read again the draft transaction or request the notary to read
it.
7. The notarial requester shall
sign every page of the transaction, write his/her full name and affix his/her
organization's seal (if applicable) to the last page of the transaction if agreeing
with the whole contents of the draft transaction; In case fingerprinting, it
shall be carried out in accordance with the provisions of Article 50 of this
Law. The notary shall request the notarial request to present the originals of
documents specified in points b, c and d clause 1 of this Article for
comparison before writing testimonies and signing every page of the
transaction; for the documents specified in point d clause 1 of this Article,
if the notarial requester does not carry the originals at the time when the
notary writes testimonies and append a signature, the requester may present the
copies from the master register or certified true copies.
8. The notarial practice
organization shall write the number of notarized document, affix a seal, give
the original of the notarized document to the notarial requester, enter
information into the notarial register and keep the notarial record according
to the provisions of Article 68 of this Law and other relevant laws.
Article 43.
Notarization of transactions drafted by notaries at the request of notarial
requesters
1. A notarial requester shall
submit a dossier as prescribed in points b, c and d clause 1 Article 42 of this
Law and state the contents of, and the intention of concluding, the transaction.
2. A notary shall perform the acts
specified in clauses 2, 3 and 4 Article 42 hereof.
When the contents of, and the
intention of concluding, the transaction are lawful and consistent with social
ethics, the notary shall draft the transaction.
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Article 44.
Authority to notarize transactions on real estate
A notary of a notarial practice
organization shall only be permitted to notarize real estate transactions within
the province or central-affiliated city where the notarial practice
organization headquartered, excluding testaments or written disclaimers of real
estate and letters of authorization related to the exercise of real
estate-related rights, agreements establishing the property regime of spouses
regarding real estate, and notarizing the modification, supplementation,
termination, or cancellation of these transactions in accordance with the law.
Article 45.
Notarization time limit
1. The notarization time limit
shall be counted from the date of a notary’s acceptance of a valid application
for notarization recorded in the record of notarization requests to the time of
issuance of notarization results. The time of verification and assessment of
contents related to transactions and posting of information on the acceptance
for notarization of written agreements on division of estate shall not be
included in the notarization time limit.
2. The notarization time limit is
two working days; for complicated transactions, this time limit may be longer
but must not exceed 10 working days. In the event of force majeure or objective
obstacles, or due to reasons from the notarial requester that lead to the
inability to ensure the time limit as stipulated in this clause, the notarial
requester may reach a written agreement with the notarial practice
organizations regarding the notarization time limit.
Article 46.
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 notarial
requester falls under one of the following cases:
a) The requester writes a testament
at his/her place of residence in accordance with the provisions of the Civil
Code;
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c) The requester is held in custody
or in prison, is serving an imprisonment sentence; or is subjected to
administrative measures;
d) The requester has another
plausible reason according to the Government's regulations.
Article 47.
Scripts and notation of time 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 notarial requester or considered necessary by the
notary. Unless otherwise provided by law, numbers shall be written in both
figures and words.
Article 48.
Testimonies of notaries
1. Testimonies of a notary for a
transaction must clearly state the following contents:
a) The time and place of
notarization;
b) The full name of the notary and
name of the notarial practice organization;
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d) Signatures or fingerprints in
the transaction are those of the notarial requester, signatures or fingerprints
of witnesses and interpreters in case of having witnesses and interpreters;
signatures and fingerprints shall be witnessed by the notary or added in
advance in case of registration of a specimen signature as prescribed in clause
2 Article 50 of this Law;
dd) Responsibilities of the notary
for the transaction;
e) Information on the reason for
notarization outside the office, witnessing or interpreting in case of
notarization outside the office or notarization with witnesses or interpreters.
2. A testimony must be signed by a
notary and sealed by a notarial practice organization. The testimony of an
electronic notarized document must be signed digitally by both a notary and a
notarial practice organization.
3. A notary shall, pursuant to
clause 1 of this Article, draft a testimony in accordance with each specific
transaction; he/she must not include in his/her testimony contents aimed at
evading or eliminating his/her responsibilities or contents that violate the
law or are contrary to social ethics.
4. The Minister of Justice shall
elaborate sample testimonies of notaries.
Article 49.
Notarial requesters, witnesses, interpreters
1. Notarial requesters being
individuals must have civil act capacity that is conformable to the transaction
that they conduct.
For notarial requester being
organizations, notarization requests shall be made through at-law
representatives or authorized representatives of these organizations.
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2. In case notarial requesters
cannot read, hear, sign or press fingerprints, or in other cases prescribed by
law, witnesses are required during notarization.
Witnesses shall be invited by
notarial requesters or, if notarial requesters cannot invite witnesses, be
designated by notaries; if notaries cannot designate witnesses, the
notarization shall be refused.
Witnesses must have full civil act
capacity, do not fall under the cases of requiring witnesses as prescribed in
this clause and have no rights, interests or obligations related to the
notarization.
Witnesses must directly witness the
notarization and take responsibility before law for their testimony.
3. In case a notarial requester is
not fluent in Vietnamese or is a person with a visual impairment, a person with
a hearing and speech disability, an interpreter is required.
The interpreter shall be invited by
the notarial requester and take responsibility before law for his/her
interpretation.
The interpreter must have full
civil act capacity, be fluent in Vietnamese and the language used by the
notarial requester or be the person who is literate in language of persons with
a visual impairment or can see or hear, speak in the language or sign of
persons with a hearing or speech disability and have no rights, interests or
obligations related to notarization.
The interpreter must accurately and
fully interpret the content of the transaction, the content of the notary's
communication with the notarial requester regarding the legal rights,
interests, and obligations of the parties involved in the transaction.
Article 50.
Signatures, fingerprints in notarized documents
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The signing of the notarized
document in the presence of the notary must be photographed and stored in the
notarial record.
2. When a person competent to
conclude a transaction of a credit institution, enterprise, cooperative or
cooperative union has registered his/her specimen signature at a notarial
practice organization, he/she may sign the transaction beforehand; a notary
shall compare the signature in the transaction with the specimen signature
before notarization.
The specimen signature shall be
registered directly at the notarial practice organization or by an official
document with the direct signature of the registrant and the seal of the credit
institution, enterprise, cooperative, or cooperative union.
3. Fingerprints may be used instead
of signatures in case notarial requesters, witnesses or interpreters are unable
to sign. When fingerprinting, the notarial 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 and the notary must clearly record in the
testimony which finger and which hand the requester, the witness, and the
interpreter used for fingerprinting.
4. Both fingerprint and signature
may be used in the following cases:
a) Notarization of testaments;
b) At the request of notarial
requester;
c) The notary finds it necessary to
protect the interests of the notarial requester.
Article 51.
Pagination of and affixing of seals in notarized documents.
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2. A notarized document containing
two or more sheets shall be affixed with an overlapping seal on the inner edges
of pages.
3. The pagination and verification
of the integrity of an electronic notarized document shall be carried out in
accordance with the regulations of the Government.
Article 52.
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 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 shut down or been transformed, or dissolved, the
notary of the notarial practice organization who is keeping the notarial record
shall correct technical errors. In case the notarial practice organization
suspends its operation, the correction of technical errors shall comply with
the provisions of clause 4 Article 32 of this Law.
3. A notary who corrects technical
errors shall match each error against papers in the notarial record, underline
the errors to be corrected, write the correct words, marks or numbers on the
page margin, write the time of correction and his/her full name and signature
and affix the seal of the notarial practice organization; in case the margin
space is insufficient to record the technical correction content, it may be noted
on an attached page with all the aforementioned content.
The notary is responsible for
correcting technical errors in all original notarized documents, except in
cases where it is not possible to retrieve all originals. The correction must
be notified in writing to the parties to the transaction within 03 working days
from the date of completion of the correction of technical errors.
4. The correction of technical
errors in notarized documents shall comply with the Government’s regulations.
Article 53. Notarization
of the modification, supplementation, termination or cancellation of
transactions
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The notarization of a document on
modification or supplementation or termination or cancellation of a notarized
document is a unilateral legal act that is carried out at the request of the
person who signed the document, unless otherwise provided by law.
2. Except for the cases specified
in Clause 4 of Article 58 of this Law, a document on modification or
supplementation or termination or cancellation of a notarized transaction shall
be notarized by a notary of a notarial practice organization where the
notarization was performed; in the event that the notarial practice
organization where the notarization was performed shuts down, is transformed,
or is dissolved, the notary of the notary organization currently storing the
notarial record shall carry out the notarization. In case the notarial practice
organization suspends its operation, the modification or supplementation or
termination or cancellation of notarized transactions shall comply with the provisions
of clause 4 Article 32 of this Law.
3. Procedures for notarization of
the modification, supplementation, termination or cancellation of notarized
transactions shall be the same as those for notarization of transactions
specified in this Chapter.
Article 54.
Persons having the right to request courts to declare notarized documents
invalid
Notaries who have carried out
notarization, notarial requesters, witnesses, interpreters, persons with
related rights and interests and state agencies have the right to request
Courts to declare notarized documents invalid when they have grounds to believe
that the notarization is in violation of law.
Section 2.
PROCEDURES FOR NOTARIZATION OF TRANSACTIONS AND CUSTODY OF TESTAMENTS
Article 55.
Principles of following notarization procedures
Procedures for notarization of real
estate mortgage contracts, authorization contracts, testaments, written
agreements on division of estate, written disclaimers of estate shall comply
with the provisions of Section 1 of this Chapter and provisions of this Section
for each type of transaction.
Article 56.
Notarization of real estate mortgage contracts
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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 has notarized the first mortgage contract has shut down or
been transformed or dissolved, a notary of the notarial practice organization
that is keeping the notarial record shall notarize the subsequent mortgage
contract. In case the notarial practice organization that has notarized the
first mortgage contract has suspended its operation, the subsequent mortgage
contract shall be notarized in accordance with the provisions of clause 4
Article 32 of this Law.
Article 57.
Notarization of an authorization contract in case both the authorizing party
and authorized party cannot appear together at the same notarial practice
organization
1. In case both the authorizing
party and authorized party cannot appear together at the same notarial practice
organization, the authorizing party may request a notary of a selected notarial
practice organization to certify the request for authorization in an
authorization contract; the authorized party may request a notary of a selected
notarial practice organization to further certify the original of this
authorization contract to confirm the acceptance of authorization, shall
complete procedures for notarization of the authorization contract and send the
original of the notarized document to the notarial practice organization that
the authorizing party has the notarization done for archiving purposes.
The notarized authorization
contract shall take effect from the time when the notary of the notarial
practice organization that both the authorizing party and the authorized party
have requested for notarization affixes his/her signature and the notarial
practice organization’s seal. For an electronic notarized document, digital
signatures of the notary and the notarial practice organization are required.
2. The notarization of amendments,
supplements, and agreements to terminate an authorization contract specified in
Clause 1 of this Article shall comply with the provisions of Article 53 of this
Law. The authorizing party and the authorized party may reach an agreement that
the authorizing party requests the notary of the notarial practice organization
that notarized the authorization to notarize the amendments, supplements, or
agreements to terminate the authorization contract, and then send the originals
of the amendments, supplements, or agreements to terminate the authorization
contract to the authorized party to request the notary of the notarial practice
organization that notarized the acceptance of authorization to further notarize
modifications, supplements, or agreements to terminate the authorization
contract and send the original of that notarized document to the notarial
practice organization where the authorizing party has the notarization done for
archiving purposes.
In case both parties request
notarization at one of the two notarial practice organizations that have
previously performed the notarization, the notarial practice organization is
responsible for notifying and sending one copy of the modifications,
supplements, or agreements to terminate the contract to the remaining notarial
practice organization for notarial record-keeping purposes.
3. Technical errors of notarized
documents as prescribed in clause 1 of this Article shall be corrected at the
notarial practice organizations that have performed the notarization, unless
otherwise provided for by law. Notaries shall correct technical errors
according to the provisions of clause 3 and clause 4 Article 52 of this Law,
and notify the technical error correction to the other notarial practice
organizations that have performed the notarization within 03 working days from
the completion of the technical error correction.
Article 58.
Notarization of testaments
1. A testator shall personally sign
or sign and affix their fingerprint on the notarized testament but may not
authorize another person. In case the testator is unable to sign and cannot
provide a fingerprint, the testament must be witnessed in accordance with the
provisions of Clause 2, Article 49 of this Law.
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3. In case the life of a testator
is under threat, the testator is not required to produce all the papers
specified in Clause 1, Article 42 of this Law but shall clearly state such in
the notarized document.
After 03 months from the making the
testament as stipulated in this clause, if the testator is no longer in a
life-threatening situation, the testator must submit all documents specified in
Clause 1, Article 42 of this Law; if the testator fails to submit the required
documents specified in Clause 1, Article 42 of this Law, the notarized
testament shall be invalid.
4. The testator who wishes to
modify, supplement, replace, or cancel part or the whole of, his/her notarized
testament may request a notary of any notarial practice organization 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 59.
Notarization of written agreements on division of estate
1. The heirs at law or under a
testament may request notarization of their written agreements on the division
of estate.
Notaries are responsible for
verifying and ensuring that the division of estate is carried out in accordance
with the provisions of the Civil Code and other relevant laws.
2. In addition to the documents
specified in Clause 1 of Article 42 or Clause 1 of Article 43 of this Law, an
application for notarization of a written agreement on division of estate must
include the following documents:
a) Death certificate or other
documents as prescribed by law proving the death of the decedent;
b) The testament in the case of
testamentary inheritance; documents proving the relationship between the
decedent and the estate heir in the case of at-law inheritance and in the case
where the heir is decided regardless of the content of the testament as
stipulated by the Civil Code;
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3. A notary shall verify whether a
decedent is the person having land use rights or property ownership and the
notarial requesters are estate heirs; if there is any uncertainty, the notary
shall request clarification or proceed with verification, and request an
assessment in accordance with the provisions of Clause 4, Article 42 of this
Law.
4. Notarial practice organizations
shall post up information on the acceptance for notarization of written
agreements on division of estate. Notaries shall only notarize written
agreements on division of estate after the completion of posting up the information
has been confirmed and no complaints or accusations related to that division
have been received.
The Government shall stipulate in
detail the procedures for posting up the acceptance for notarization of written
agreements on division of estate specified in this clause.
5. Procedures for notarization of
written agreements on division of estate as prescribed in clauses 2, 3 and 4 of
this Article are also applicable to cases of testamentary inheritance or at-law
inheritance where there is only one heir.
6. The notarized written agreements
on division of estate shall be the grounds for competent state agencies to
register the transfer of LURs or property ownership to estate heirs.
Article 60.
Notarization of written disclaimers of estate
1. Heirs may request notarization
of written disclaimers of estate in accordance with the Civil Code.
2. In addition to the documents
specified in Clause 1 of Article 42 or Clause 1 of Article 43 of this Law, an
application for notarization of a written disclaimer of estate must include the
following documents:
a) Death certificate or other
documents as prescribed by law proving the death of the decedent;
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Article 61.
Custody of testaments and declaration of custody of testaments
1. A testator may request a
notarial practice organization to keep his/her testament in custody. When
agreeing to keep a testament in custody, a notary shall seal up the testament
in the presence of the testator, make a custody receipt and hand it to the
testator. The custody receipt must include information on the notarial practice
organization keeping the testament in custody, notary sealing up the testament
and the testator.
2. When the notarial practice
organization that keeps a testament in custody shuts down or is transformed or
dissolved, it shall, before shutdown, conversion 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. In case the organization cannot contact the testator,
the testament shall be transferred to the notarial practice organization that
has accepted the dossier of the notarial practice organization that has shut
down or has been transformed or dissolved.
3. The announcement of testaments
kept at notarial practice organizations must comply with the Government's
regulations.
Section 3. Electronic notarization
Article 62.
Principles and scope of electronic notarization
1. Electronic notarization means
the notarization that is performed by electronic means to create electronic
notarized documents, complying with the principles in Article 5 of this Law and
the following principles:
a) Ensure security, safety,
protection of data messages and information confidentiality in accordance with
law; the information in such data messages is accessible and usable for
reference;
b) Notaries and notarial practice
organizations may provide electronic notarization services if all of the
conditions specified in Article 63 of this Law are met.
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The Government of Vietnam shall
elaborate Article 63 and Article 64 of this Law.
Article 63.
Conditions for provision of electronic notarization services
1. A notary may provide
electronic notarization services if he/she meets all of the following
conditions:
a) Have an account to perform
electronic notarization; and
b) Have a digital signature and use
timestamping services in accordance with the regulations of the law on
electronic transactions.
2. A notarial practice organization
may provide electronic notarization services if it meets all of the following
conditions:
a) Have an account to perform
electronic notarization;
b) Have a digital signature and use
timestamping services in accordance with the regulations of the law on
electronic transactions; and
c) Have sufficient technical
equipment to perform electronic notarization.
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1. An electronic notarized document
means an e-certificate that is created according to the principles and scope
specified in Article 62 of this Law.
2. An electronic notarized document
shall take effect from the time it is signed digitally by a notary and a
notarial practice organization.
3. An electronic notarized document
shall have legal validity as specified in clause 2 and clause 3 Article 6 of
this Law.
4. The conversion between an
electronic notarized document and a physical notarized document shall comply
with the provisions of law on electronic transactions.
The converted notarized document is
considered to have the same value as the original when it meets all the
conditions stipulated by the law on electronic transactions, except in cases
where the law specifies that such document is made to meet conditions for
transferring ownership and exists only in a single form.
Article 65.
Procedures and electronic notarial records
1. The electronic notarization
shall be performed according to the procedures for direct electronic
notarization or the online electronic notarization and be regulated as follows:
a) Direct electronic notarization
refers to the process in which a notarial requester engages in a transaction in
the direct presence of a notary; the notary and the notarial practice
organization shall certify the transaction using a digital signature to create
an electronic notarized document.
b) Online electronic notarization
refers to the process in which the parties involved in a transaction requiring
notarization are not present at the same location and conclude the transaction
through online means in the direct presence of a notary; the notary and the
notarial practice organization shall certify the transaction using a digital
signature to create an electronic notarized document.
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3. The Government shall elaborate
the procedures for electronic notarization procedures; stipulate electronic
notarial records.
Chapter VI
NOTARIAL DATABASES AND PRESERVATION OF NOTARIAL
RECORDS
Article 66.
Notarial databases
1. A notarial database includes the
notarial database of the Ministry of Justice and local notarial databases.
2. The notarial database of the
Ministry of Justice include information on notaries, notarial practice organizations,
data on notarial activity results; information that is integrated and
synchronized from local notarial databases according to the roadmap specified
by the Government.
The Ministry of Justice shall
develop the notarial database of the Ministry of Justice; promulgate
regulations on management, update, access, use and sharing of the notarial
database of the Ministry of Justice.
3. Local notarial databases include
information on the origin of property and transaction status of property and
information on preventive measures and risk warning in notarial activities,
information about transactions that have been notarized, notarized documents,
and related materials in notarial records.
The provincial People’s Committees
shall develop local notarial databases; promulgate regulations on management,
update, access, use and sharing of local notarial databases.
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The connection and sharing of
information between notarial databases and national databases, databases of
ministries, central and local authorities and other databases must ensure
effectiveness, safety, and compliance with the functions, tasks, and powers as
prescribed by this Law and other relevant laws.
5. Funding for development, management,
operation, maintenance and upgrading of notarial databases shall be allocated
from the state budget and other sources according to the law.
6. The Government shall elaborate
this Article.
Article 67.
Notarial records
1. A notarial record includes: The
original of the notarized document; copies of papers that the notarial
requester has submitted and printed documents on information on the notarial
practice organization that has accessed information from the national
population database and other databases in accordance with law; verification
and assessment papers; photograph of the notarial requester signing the
notarized document in the presence of the notary, except in cases where a
specimen signature has been registered at the notarial practice organization as
specified in clause 2 Article 50 of this Law; and other relevant papers.
2. Notarial records shall be
numbered chronologically in conformity with the recording in the notarial
register.
Article 68.
Preservation of notarial records
1. Notarial practice organizations
shall strictly preserve and take all security and safety measures for fire,
explosion, mold, and termite prevention and fighting for notarial records.
2. Notarial records shall be
preserved at the head offices of notarial practice organizations for at least
30 years for transactions with the subjects of real estate; for at least 10
years for other transactions from the effective date of notarized documents; in
case of preservation outside head offices of these organizations, it is required
to obtain the written agreements from the Justice Departments of divisions
where the notarial practice organizations are located.
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4. The distraint of property and
search of head offices of notarial practice organizations must be conducted in
accordance with law and in the presence of representatives of Justice
Departments or representatives of local notary associations.
5. In case a notarial practice
organization is dissolved or shuts down, the organization must negotiate with
another notarial practice organization located in the same province or
central-affiliated city on the acceptance of the notarial record.
In case they cannot come to an
agreement, the Justice Department shall designate a Notary bureau to accept the
notarial record; in case of no Notary bureau, the Justice Department shall
designate a qualified notary office to accept the notarial record; if the
notarial practice organization is dissolved or shuts down and is no longer able
to cover the costs of retention of the notarial record, these costs shall be
ensured by the local government budget.
In case the Notary bureau is
transformed into a notary office, the notarial record shall be preserved by the
transformed notary office.
6. The Government shall elaborate
this Article and the preservation of electronic notarial records.
Article 69.
Issuance of copies of notarized documents
1. Copies of notarized documents
shall be issued in the following cases:
a) At the request of competent
state agencies in the cases specified in clause 3 Article 68 of this Law;
b) At the request of the parties
involved in transactions, persons with rights and obligations related to the
notarized transactions.
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2. Copies of notarized documents
shall be issued by notarial practice organizations that are keeping the
originals of such notarized documents.
3. The issuance of copies of
notarized documents that are being kept at notarial practice organizations that
suspended from operations shall comply with the provisions of clause 4 Article
32 of this Law.
Chapter VII
NOTARIAL FEES; ON-DEMAND
SERVICE FEES RELATED TO NOTARIZATION AND OTHER EXPENSES
Article 70.
Notarial fees
1. Notarial fees include fees for
notarizing transactions, fees for custody of testaments, fees for issuing
copies of notarized documents.
Individuals requesting notarization
of transactions, custody of testaments or issuance of copies of notarized
documents shall pay notarial fees.
2. The rates, collection, transfer,
use and management of notarial fees shall comply with the law on fees and
charges.
Article 71.
On-demand service fees related to notarization
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2. The provincial People’s
Committees shall promulgate the maximum fees for on-demand services related to
notarization applicable to notarial practice organizations in provinces.
Notarial practice organizations shall determine service fees for each type of
service not exceeding the maximum fees set by the provincial People's
Committees and publicly post the service fees at their head offices.
3. Notarial practice organizations
shall provide clear explanation to notarial requesters about notarial fees and
on-demand service fees related to notarization specified in this Article.
Article 72.
Other expenses
1. A notarial requester shall pay
expenses in the following cases:
a) He/she requests verification or
assessment serving the notarization;
b) He/she requests notarization
outside the head office of notarial practice organization; requests
notarization outside the working days or hours of the notarial practice
organization;
c) The notarial practice organization
posts up information on the acceptance for notarization of written agreements
on division of estate.
2. Fee rates shall be negotiated by
notarial requesters and notarial practice organizations.
3. Notarial practice organizations
shall post up principles of calculating other expenses and clearly explain to
notarial requesters about such specific expenses.
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IMPLEMENTATION PROVISIONS
Article 73.
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 transactions
in accordance with this Law and consular and diplomatic laws, 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's degree in law, a master's degree
in law, a doctorate in law, or have received re-training in notarization.
3. Consuls or diplomats who conduct
notarization according to the procedures specified in Chapter V of this Law
have the rights provided at Points c, d and dd, Clause 1, and the obligations
specified at Points a, b, d, dd, e, i and l Clause 2, Article 18 of this Law.
Article 74.
Amendments to clause 1 Article 398 of Code on Civil Procedures No. 92/2015/QH13
which was amended by Law No. 45/2019/QH14, Law No. 59/2020/QH14, Law No.
13/2022/QH15, and Law No. 19/2023/QH15 and Law No. 34/2024/QH15
Amendments to Clause 1 of Article
398:
“1. Notaries who have carried out
notarization, notarial requesters, witnesses, interpreters, persons with
related rights and interests and competent state agencies may request Courts to
declare notarized documents invalid when they have grounds to believe that the
notarization was performed against the law on notarization.”.
Article 75.
Entry into force
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2. Law on Notarization No.
53/2014/QH13 amended by Law No. 28/2018/QH14 and Law No. 16/2023/QH15
(hereinafter referred to as “Law on Notarization No. 53/2014/QH13”) will cease
to be effective from the effective date of this Law, unless otherwise specified
in Clauses 1, 2, 3, 6, 7, 9, 11, 12 and 14 Article 76 of this Law.
Article 76.
Transitional provisions on notarial activities applicable from the effective
date of this Law
1. Persons who have had
certificates of completion of notary re-training courses as specified in the
Law on Notarization No. 53/2014/QH13 before the effective date of this Law may
register notarial apprenticeship in accordance with this Law.
A participant in a notary training
courses or notary re-training course in accordance with Law on Notarization No.
53/2014/QH13, who has not yet completed their course by the effective date of
this Law, may continue completing their course in accordance with Law on
Notarization No. 53/2014/QH13; the registration of notarial apprenticeship
after being granted a certificate of completion shall comply with the
provisions of this Law.
2. Persons who have completed
apprenticeship period in accordance with the provisions of Law on Notarization
No. 53/2014/QH13 may register for notarial apprenticeship result exams in
accordance with the provisions of this Law.
Apprenticeship registrants and
apprentices under Law on Notarization No. 53/2014/QH13, who has not yet
completed their apprenticeship period by the effective date of this Law, may
continue be on apprenticeship and must fulfill the obligations of an apprentice
as prescribed by this Law from the effective date of this Law; the registration
for exams in notarial apprenticeship results shall be comply with the
provisions of this Law.
In case persons who have been
granted certificates of completion of notarial apprenticeship in accordance
with Law on Notarization No. 53/2014/QH13 fail to request the appointment of
notaries within the period from the date of issuance of the certificates to the
end of the 5-year period from the effective date of this Law, their
certificates shall be invalidated.
3. Applications for appointment,
re-appointment and termination of notaries submitted in accordance with the
provisions of the Law on Notarization No. 53/2014/QH13 that have not yet been
processed completely by competent state agencies by the effective date of this
Law shall continue to be processed in accordance with the provisions of the Law
on Notarization No. 53/2014/QH13.
4. Notaries who have been
terminated before the effective date of this Law may be re-appointed as
notaries in accordance with the provisions of this Law.
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6. Notary offices that have
established before the effective date of this Law but have not yet registered
their operations by the effective date of this Law shall continue to register
their operations in accordance with the provisions of Law on Notarization No. 53/2014/QH13.
7. Notary offices that have
established before the effective date of this Law but have not yet drawn up
their charters must develop their charters and submit them to Justice
Departments within 03 months from the effective date of this Law; in the case
where there are partners who have not contributed capital to notary offices,
they must contribute capital and submit the documentary evidence to Justice
Departments within the aforementioned time limit.
The revocation of decisions to
permit the establishment and shutdown of notary offices established under the
provisions of the Law on Notarization No. 53/2014/QH13 shall comply with the
provisions of this Law.
In case a notary office has only 01
partner on the effective date of this Law, it is still allowed to add partners
according to the provisions of the Law on Notarization No. 53/2014/QH13 within
06 months from the date on which the notary office has only 01 partner.
8. The change of partners of a
notary office established under the provisions of the Law on Notarization No.
53/2014/QH13 shall comply with the provisions of this Law.
For persons who have terminated the
partnership status of a notary office under the provisions of the Law on Notary
No. 53/2014/QH13, from the effective date of this Law, the establishment,
participation in the establishment of a new notary office, participation in
another notary office as a partner or purchase of a notary office that is
organized and operates in the form of a sole proprietorship shall comply with
the provisions of this Law; the time limit of 02 years is calculated from the
effective date of the decision of the Department of Justice on the termination
of the partnership status.
9. Notary’s cards issued before the
effective date of this Law may continue to be used. The re-issuance and
issuance of new notary’s cards shall comply with the provisions of this Law.
10. Notaries who are practicing
notarization before the effective date of this Law but have not yet joined
Notary Associations shall, within 03 months from the effective date of this
Law, join Notary Associations in divisions where they practice and maintain
their membership status throughout the course of practicing notarization in
such divisions.
11. For contracts and transactions
that were notarized before the effective date of this Law, the issuance of
copies, modifications, supplements, termination, cancellation, and correction
of technical errors in notarized documents shall comply with the provisions of
this Law.
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12. For notarial records that have
been preserved in accordance with the provisions of Law on Notarization No.
53/2014/QH13, if the preservation period has not expired by the effective date
of this Law, the preservation period shall continue to be in accordance with
the provisions of Law on Notarization No. 53/2014/QH13.
13. Within one year from the
effective date of this Law, the Government shall organize a review of the
regulations on transactions that must be notarized in legislative documents
issued before the effective date of this Law and complete the amendment,
supplementation, or abolition of regulations within its authority or submit to
competent authorities for amendment, supplementation, or abolition of
regulations that do not meet the requirements for notarized transactions as
stipulated in Clause 1, Article 3 of this Law. When the time limit specified in
this clause expires, the regulations regarding transactions that must be
notarized in the decree issued prior to the effective date of this Law which
are not governed by Laws or the Government’s Decrees but still meet other
requirements specified in Clause 1, Article 3 of this Law, and the regulations
regarding transactions that must be notarized in the decree issued to handle
the results of the review according to the provisions of this clause shall
still be effective.
14. Notary offices established
before the effective date of this Law may continue operating and must meet the
conditions specified in Article 20 of this Law within one year from the
effective date of this Law.
This law was adopted by the XV
National Assembly of the Socialist Republic of Vietnam, 8th session on November
26, 2024.
PRESIDENT
OF THE NATIONAL ASSEMBLY
Tran Thanh Man