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