THE NATIONAL
ASSEMBLY
-------- |
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
No.
53/2014/QH13
|
Hanoi,
June 26, 2014
|
LAW
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.
Article 2. Interpretation of terms
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
1. Compliance with the Constitution and laws.
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
The spoken and written language used in notarization is
Vietnamese.
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;
h/ Advertising themselves or their organizations in the
mass media;
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.
Chapter II
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
1. Those who possess a bachelor of law degree may attend
notary training courses at notary training institutions.
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.
2. Persons exempted from notary training under Clause 1 of
this Article shall attend a re-training course on notarial practice skills and
rules on notary practice ethics at a notary training institution before they
are proposed for appointment as notaries. A notary re-training course must last
for 3 months.
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.
Notaries acting as tutors shall guide and take
responsibility for jobs performed by probationers under Clause 4 of this
Article.
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;
d/ Papers proving the working seniority in the legal
sector;
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.
4. Cadres who have been disciplined in the form of removal
from office; civil servants or public employees who have been disciplined in
the form of dismissal; officers, professional armymen, workers and public
employees of agencies and units under the People’s Army, and officers,
non-commissioned officers, workers and employees of units under the People’s
Public Security Force who have been disciplined in the form of deprival of the
title of armyman or people’s policeman or have been expelled from the service.
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.
4. The decision on suspension from notarial practice and
decision on cancellation of the decision on suspension from notarial practice
shall be sent to the notary, the notarial practice organization where the
notary works, the People’s Committee of the province or centrally run city
(below referred to as provincial-level People’s Committee) and the Ministry of
Justice.
Article
15. Relief from duty of notaries
1. A notary may be relieved from duty at his/her own will
or or transferred to another job.
The notary shall submit a written request for relief from
duty to the provincial-level Justice Department with which he/she has
registered his/her professional practice. Within 15 days after receiving the
written request, the provincial-level Justice Department shall send a written
proposal enclosed with the notary’s written request to the Minister of Justice.
2. A notary shall be relieved from duty in the following
cases:
a/ He/she no longer satisfies the criteria for notaries
prescribed in Article 8 of this Law;
b/ He/she has his/her civil act capacity lost or
restricted;
c/ He/she concurrently performs another regular job;
d/ He/she fails to conduct notarial practice within 2 years
after being appointed as a notary or fails to conduct notarial practice for 12
consecutive months or more;
dd/ The duration of suspension from notarial practice
prescribed in Clause 2, Article 14 of this Law has expired but the reason for
the suspension still exists;
e/ He/she has been sanctioned twice for administrative
violations in notarial practice but still continue committing violations; he/she
has been disciplined in the form of reprimand or in a heavier form twice but
still continue committing violations, or has been disciplined in the form of
dismissal;
g/ He/she is convicted under a court’s legally effective
sentence;
h/ He/she is ineligible for appointment as a notary in the
cases prescribed in Article 13 of this Law at the time of being appointed.
3. Provincial-level Justice Departments shall scrutinize
and examine the satisfaction of professional practice criteria by notaries in
their localities.
When having grounds to believe that a notary falls into a
case subject to relief from duty prescribed in Clause 2 of this Article, the
provincial-level Justice Department shall send a written proposal for relief
from duty of the notary, enclosed with relevant supporting documents, to the
Minister of Justice.
4. Within 15 days after receiving a dossier of proposal for
relief from duty of a notary, the Minister of Justice shall consider and decide
to relieve the notary from duty.
Article 16. Re-appointment as notaries
1. Notaries who have been relieved from duty under Clause
1, Article 15 of this Law may be considered for re-appointment as notaries when
they make requests for re-appointment.
2. Except the case prescribed in Clause 3 of this Article,
notaries who have been relieved from duty under Clause 2, Article 15 of this
Law may be considered for re-appointment as notaries when fully meeting the
criteria for notaries prescribed in Article 8 of this Law and the reasons for
their relief from duty no longer exist.
3. Notaries who have been relieved ữom duty because as they
are convicted under court’s legally effective sentences of intentional crimes,
have been twice sanctioned for administrative violations in notarial practice
but continue committing violations; have been disciplined in the form of
reprimand or in a heavier form twice but still continue committing violations
or in the form of dismissal shall not be re-appointed as notaries.
4. Procedures for re-appointment as notaries must comply with
Article 12 of this Law. A dossier of request for re-appointment as a notary
must comprise:
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;
c/ To notarize contracts, transactions and translations in
accordance with this Law;
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;
e/ To attend notary re-training courses every year;
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.
3. Notary offices established in geographical areas with
difficult or extremely difficult socio-economic conditions are entitled to
preferential policies prescribed by the Government.
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:
a/ Name and address of the notary bureau;
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
1. Notary offices shall be organized and operate in
accordance with this Law and other relevant legal documents concerning
partnerships.
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.
3. Within 90 days after receiving the decision permitting
its establishment, the notary office shall register its operation with the
provincial-level Justice Department of the locality where the establishment
decision is issued.
The contents of operation registration of a notary office
include the name of the notary office, full name of its head, address of its
head office, list of notaries being partners and list of contractual notaries
of the notary office (if any).
4. A dossier of operation registration for a notary office
must comprise a written operation registration request, papers proving the
suitability of the notary office’s location with the contents stated in its
establishment scheme and professional practice registration dossiers of
notaries being its partners and contractual notaries (if any).
Within 10 working days after receiving a complete operation
registration dossier, the provincial-level Justice Department shall issue a
written operation registration to the notary office; in case of refusal, it
shall issue a written reply clearly stating the reason.
5. A notary office may conduct notarial activities on the
date it is granted a written operation registration by the provincial-level
Justice Department.
Article 24. Changes of contents of operation registration
of notary offices
1. Upon occurence of a change in any of the contents
prescribed in Clause 3, Article 23 of this Law, a notary office shall register
the changed content with the provincial-level Justice Department with which it
has registered its operation.
The relocation of a notary office to another rural
district, urban district, provincial town or city within the province or
centrally run city which has issued the decision permitting its establishment
shall be considered and decided by the provincial-level People’s Committee and
conform with the master plan on development of notarial practice organizations.
2. Within 7 working days after receiving a complete dossier
of request, the provincial- level Justice Department shall re-grant the written
operation registration to a notary office which changes its name, address or
head; in case of refusal, it shall issue a written reply clearly stating the
reason.
Article 25. Provision of information on contents of
operation registration of notary offices
Within 10 working days after granting or re-granting the
written operation registration to a notary office, a provincial-level People’s
Committee shall notify such in writing to the tax agency, statistics agency,
provincial-level Public Security Department, and the People’s Committee of the
rural district, urban district, town or provincial city and the People’s
Committee of the commune, ward or township where the notary office is located.
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.
The termination of the partnership status of notaries and
admission of new notaries as partners must comply with this Law and the law on
enterprises.
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.
2. A notary who receives a notary office must meet the
following conditions:
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;
c/ The notary office fails to operate continuously for 3
months or more, except cases in which all notaries being its partners are
suspended from notarial practice;
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.
2. In case of terminating its operation under Point a,
Clause 1 of this Article, at least 30 days before the expected time of
operation termination, a notary office shall send a report to the
provincial-level Justice Department with which it has registered its operation.
Before the time of operation termination, 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 unable to settle notarization requests it has received,
the notary office shall reach agreement with notarization requesters on the
performance of such requests.
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.
4. To exploit and use information from the notarization
database prescribed in Article 62 of this Law.
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.
8. To comply with competent state agencies’ requests
concerning reporting, examination, inspection and provision of information on
notarized contracts, transactions and translations.
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;
c/ Notaries working under labor contracts at notary
offices.
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
1. Notary’s cards serve as a basis for proving notarial
practice status of notaries. When practicing notarization, notaries shall carry
their notary’s cards.
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
1. Notarial practice organizations shall pay compensation
for damage caused to notarization requesters and other organizations and
individuals due to faults of their notaries or employees or interpreters being
their collaborators in the process of notarization.
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:
a/ A notarization request containing information on full
name and address of the notarization requester, contents to be notarized and
list of enclosed papers; name of the notarial practice organization, full name
of the dossier recipient, and time of dossier receipt;
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.
7. The notarization requester shall himself/herself read
again the draft contract or transaction or request the notary to read it.
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
1. The notarization time limit shall be counted from the
date of acceptance of a notarization request dossier to the time of issuance of
notarization results. The time of verification and assessment of contents
related to contracts or transactions and posting of information on the
acceptance for notarization of written agreements on division of estate,
written declarations for acceptance of estate or translations of papers and
documents shall not be included in the notarization time limit.
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.
2. The Minister of Justice shall stipulate in detail the
model testimonies of notaries for contracts or transactions.
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.
Interpreters shall be invited by notarization requesters
and take responsibility before law for their interpretation.
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
A notarized document containing two or more pages shall be
paginated. For a notarized document containing two or more sheets, every two
adjoining sheets shall be appended with an overlapping seal on their inner
edges.
Article 50. Correction of technical errors in notarized
documents
1. Technical errors include recording, typing or printing
mistakes in notarized documents the correction of which does not affect the
rights and obligations of parties to contracts or transactions.
2. Technical errors in notarized documents shall be
corrected at a notarial practice organization that has conducted the
notarization. If the notarial practice organization that has conducted the
notarization has terminated its operation or been transformed, transferred or
dissolved, the notarial practice organization that is keeping the notarial
records shall correct technical errors.
3. A notary who corrects technical errors shall match each
eưor against papers in the notarial records, underline the errors to be
corrected, write the correct words, marks or numbers on the page margin, then
sign and append the seal of the notarial practice organization. The notary
shall notify the correction of technical errors to the parties to the contract
or transaction.
Article 51. Notarization of the modification,
supplementation or cancellation of contracts or transactions
1. The modification, supplementation or cancellation of a
notarized contract or transaction may be notarized only with the written
agreements or commitments of all parties to that contract or transaction.
2. The modification, supplementation or cancellation of a
notarized contract or transaction shall be notarized at the notarial practice
organization that has conducted the notarization and shall be made by a notary.
If the notarial practice organization that has conducted the notarization has
terminated its operation or been transformed, transferred or dissolved, a
notary of the notarial practice organization that is keeping the notarial
records shall modify, supplement or cancel the contract or transaction.
3. Procedures for notarization of the modification,
supplementation or cancellation of a notarized contract or transaction are the
same as procedures for notarization of contracts and transactions prescribed in
this Chapter.
Article
52. Persons having the right to request courts to declare notarized documents
invalid
Notaries, notarization requesters, witnesses, interpreters,
persons with related rights and obligations and competent state agencies may
request courts to declare notarized documents invalid when having grounds to believe
that the notarization is in violation of law.
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.
Article 56. Notarization of testaments
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.
3. A notary shall verify whether an estate leaver is the
person having land use rights or asset ownership and the notarization
requesters are estate heirs; if suspecting or having grounds to believe that
the leaving and inheritance of the estate are unlawful, the notary may reject
the notarization request or conduct verification or solicit assessment at the
request of the notarization requester.
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
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.
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;
b/ Papers or documents requested for translation have been
erased or modified, have additions or omissions, or are damaged or rumpled,
making their contents unreadable;
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
1.
Notarial records include notarization requests, originals of notarized
documents, copies of papers submitted by notarization requesters, verification
and assessment papers and other relevant papers.
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.
Article
65. Issuance of copies of notarized documents
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.
2. The
rates, collection, payment, use and management of notarization charges must
comply with law.
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
STATE MANAGEMENT OF NOTARIZATION
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;
g/ To
conduct examination and inspection, handle violations, and settle complaints
and denunciations about notarial activities within its competence;
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;
c/ To
decide on the establishment of notary bureaus and ensure physical foundations
and working facilities for them; to decide on the dissolution or transformation
of notary bureaus in accordance with this Law;
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
Notaries
who violate the provisions of this Law shall, depending on the nature and
severity of their violations, be disciplined, administratively sanctioned or
examined for penal liability, and, if causing damage, pay compensation in
accordance with law.
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.
Article 76. Dispute settlement
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.
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, c, d and dd, Clause 2,
Article 17 of this Law.
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.
Article
81. Implementation detailing
The
Government shall detail articles and clauses as assigned in this Law.
This Law
was passed on June 20, 2014, by the XIIIth National Assembly of the
Socialist Republic of Vietnam at its 7th session.-
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung |