Decree No. 08/2020/NĐ-CP On the organization and operation of Notaries

         

DECREE
On the organization and operation of Notaries

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to Resolution No. 107/2015/QH13 dated November 26, 2015 of the National Assembly on implementing the Notary system;

At the proposal of the Minister of Justice;

The Government promulgates this Decree on the organization and operation of Notaries.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the Notary, the organization of Notary practice; the authority, scope, procedures for performing tasks of Notaries; supervision of Notary activities; handling complaints, denunciations, disputes, and state management of Notaries.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. A Notary is a person who meets the criteria and is appointed by the State to perform service of delivery, issuance of notarial acts, verification of conditions for civil enforcement, and organization of civil enforcement as prescribed in this Decree and relevant laws.

2. Delivery is the act of notifying and transferring documents, files, and materials carried out by Notaries in accordance with this Decree and relevant laws.

3. A notarial act is a document recording factual events or actions witnessed directly by a Notary at the request of individuals, agencies, or organizations as prescribed in this Decree.

Article 3. Tasks of Notaries

1. Delivering documents, files, and materials as prescribed in this Decree and relevant laws.

2. Issuing notarial acts at the request of individuals, agencies, or organizations as prescribed in this Decree.

3. Verifying conditions for enforcement at the request of parties involved and those with related rights and obligations as prescribed in this Decree and relevant laws.

4. Organizing the execution of court judgments and decisions at the request of parties involved as prescribed in this Decree and relevant laws.

Article 4. Matters Notaries shall not undertake

1. Disclosing information about their work except as otherwise provided by law; using information about Notary activities to infringe upon the lawful rights and interests of individuals, agencies, or organizations.

2. Demanding additional material benefits beyond the costs recorded in the contract.

3. Concurrently practicing as a notary public, lawyer, appraiser, auctioneer, manager, or liquidator of assets.

4. While performing their duties, Notaries shall not undertake matters related to their own rights and interests or those of their close relatives, including: spouse, children (biological or adopted), parents (biological or adoptive), grandparents (paternal or maternal), uncles, aunts, brothers, sisters, nephews, nieces, and grandchildren.

5. Other prohibited activities as prescribed by law.

Article 5. Cooperation between individuals, agencies, organizations, and Notaries, Notary Offices

1. Within the scope of their duties and responsibilities, individuals, agencies, and organizations shall cooperate with Notaries and Notary Offices in carrying out Notary tasks as prescribed in this Decree and relevant laws; they shall not disclose information about Notary work except as otherwise provided by law.

2. Any illegal obstruction, interference with Notary activities, refusal to comply with Notary requests, or disclosure of information about Notary work shall be handled according to the law and compensation for damages (if any) shall be made as prescribed by law.

Chapter II

NOTARIES

Article 6. Criteria for appointing Notaries

1. Be a Vietnamese citizen not over 65 years old, residing permanently in Vietnam, complying well with the Constitution and laws, having good moral character.

2. Hold a bachelor's or postgraduate degree in law.

3. Have at least three years of legal work experience at agencies or organizations after obtaining a bachelor's or postgraduate degree in law.

4. Complete the training course, be recognized as equivalent to the training course, or complete the supplementary training course for Notary practice as stipulated in Article 7 of this Decree.

5. Meet the requirements of the probationary period for Notary practice.

Article 7. Training, supplementary training for Notary practice and recognition of equivalent training for Notary practice abroad

1. Persons meeting the criteria specified in Clause 1 and 2 of Article 6 of this Decree shall participate in the Notary practice training course at the Judicial Academy under the Ministry of Justice. The application dossier for the Notary practice training course shall be compiled into one set including: Application form for the Notary practice training course according to the model prescribed by the Minister of Justice; certified copy or photocopy attached with the original bachelor's or postgraduate degree in law for verification.

Persons who complete the training course shall be issued a Certificate of Completion of Notary practice training.

2. Exempt from Notary practice training for persons who have worked as judges, prosecutors, enforcement officers, investigators for five years or more; lawyers, notaries who have practiced for five years or more; professors, associate professors specializing in law, doctoral graduates in law; persons who have been chief judicial examiners, senior judicial examiners in the court system, chief inspection examiners, senior inspection examiners in the prosecution system; persons who have been senior inspectors, senior specialists, senior researchers, senior lecturers in the field of law; persons who have been chief judicial examiners, senior judicial examiners in the civil enforcement system.

3. Persons exempted from Notary practice training as stipulated in Clause 2 of this Article must participate in the supplementary training course for Notary practice at the Judicial Academy. The application dossier for the supplementary training course for Notary practice shall be compiled into one set including: Application form for the supplementary training course for Notary practice according to the model prescribed by the Minister of Justice; certified copy or photocopy attached with the original document proving that they are exempted from Notary practice training for verification.

Persons who complete the supplementary training course shall be issued a Certificate of Completion of Supplementary Training for Notary practice.

4. Dossiers specified in Clauses 1 and 3 of this Article shall be submitted directly or sent through the postal system to the Judicial Academy. The Judicial Academy shall accept the registration dossiers and notify the list of eligible participants for the training and supplementary training courses at least 30 days before the opening date; in case of rejection, a written notification stating the reasons must be provided.

5. The duration of Notary practice training is six months; the duration of supplementary training for Notary practice is three months.

6. Persons requesting recognition of equivalent training for Notary practice abroad shall submit directly or send through the postal system one set of dossiers to the Ministry of Justice. The dossier includes: Request for Recognition of Equivalent Training for Notary Practice according to the model prescribed by the Minister of Justice; certified translation or notarized copy of the Notary practice training certificate issued by the training institution abroad.

Within thirty days from the date of receiving complete valid dossiers, the Minister of Justice shall issue a decision recognizing equivalence for persons trained in Notary practice abroad; in case of rejection, a written notification stating the reasons must be provided.

7. The Minister of Justice shall provide detailed regulations on the content and program of Notary practice training and supplementary training; the recognition of equivalent training for Notary practice abroad.

Article 8. Probationary Period for Notary Practice

1. A person holding a Graduation Certificate in Notary Practice or a certificate of completion of Notary Practice training course or a decision recognizing equivalent Notary Practice training abroad shall submit one set of Application Documents for Probationary Registration for Notary Practice directly or through postal service to the Department of Justice where the Notary Office accepting probation is located. The application documents include: a Probationary Registration Application for Notary Practice according to the form prescribed by the Minister of Justice; a certified copy or a photocopy with the original Graduation Certificate in Notary Practice or a certificate of completion of Notary Practice training course or a decision recognizing equivalent Notary Practice training abroad for verification purposes.

Within seven working days from the date of receiving complete and valid application documents, the Department of Justice shall notify in writing the probationer and the Notary Office accepting probation about the registration for probation; in case of refusal, it must notify in writing with clear reasons stated.

2. Changing the place of probation shall be carried out as follows:

a) In the case of changing the place of probation within the same province or centrally-run city, the probationer shall send a Change of Probation Place Request Form according to the form prescribed by the Minister of Justice to the Department of Justice where the probation was registered. Within five working days from the date of receipt of the request form, the Department of Justice shall notify in writing the probationer, the Notary Office that accepted probation, and the Notary Office transferring probationers about the change of probation place; in case of refusal, it must notify in writing with clear reasons stated;

b) In the case of changing the place of probation to another province or centrally-run city, the probationer shall send a Change of Probation Place Request Form according to the form prescribed by the Minister of Justice to the Department of Justice where the probation was registered. Within five working days from the date of receipt of the request form, the Department of Justice shall notify in writing the Notary Office that accepted probation and the probationer about the change of probation place, while confirming the probation period, number of temporary suspension of probation (if any) of the probationer at their own locality; in case of refusal, it must notify in writing with clear reasons stated.

3. In cases of legitimate reasons, the probationer may temporarily suspend probation but must notify in writing the Notary Office where they are currently undergoing probation at least five working days before the suspension date.

4. When there is a basis to terminate probation, the Notary Office accepting probation must report in writing to the Department of Justice where its headquarters is located. Within five working days from the date of receipt of the report from the Notary Office, the Department of Justice shall notify in writing the probationer and the Notary Office accepting probation about the termination of probation.

5. The probation period is six months for those who have been trained in Notary Practice and three months for those who have completed Notary Practice training courses, starting from the date when the Department of Justice issues a notification on probation registration.

6. Persons falling under any of the cases stipulated in Clauses 1, 3, 4, 5, 6, and 7 of Article 11 of this Decree shall not be allowed to register for probationary practice as a Notary.

7. The Minister of Justice shall provide detailed regulations on probation and examination of probation results for Notary Practice.

Article 9. Examination of Probationary Results for Notaries

1. A person who has completed the probationary period shall submit one set of registration documents for the examination of probationary results for notaries directly or through the postal system to the Department of Justice where the probationary registration was made. The documents include: a registration form for the examination of probationary results for notaries according to the model prescribed by the Minister of Justice; a report on the results of the probationary practice with comments from the supervising notary and confirmation from the Notary Office accepting the probationary training.

2. Within fifteen days from the date of receiving complete and valid documents, the Department of Justice shall notify in writing the applicant about their inclusion in the list proposed to the Ministry of Justice for participation in the examination of probationary results; in case of refusal, a written notification must be issued stating the reasons.

Article 10. Appointment of Notaries

1. A person meeting the criteria stipulated in Article 6 of this Decree shall submit directly or through the postal system one set of application documents for the appointment of notaries to the Department of Justice where the probationary registration was made. The documents include:

a) An application form for the appointment of notaries according to the model prescribed by the Minister of Justice;

b) A criminal record certificate issued within six months prior to the date of submission of the application;

c) A certified copy or photograph attached with the original diploma or postgraduate degree in law for verification;

d) Documents proving the time spent working in legal fields including: employment decision, work contract or labor contract accompanied by documents proving the duration of social insurance contributions; documents proving the revocation of professional practice certificates or cards for cases specified in Clause 2, Article 11 of this Decree; documents proving retirement or resignation for cases specified in Clause 3, Article 11 of this Decree;

đ) A certified copy or photograph attached with the original certificate of the probationary examination results for notaries for verification.

2. Within ten days from the date of receiving complete and valid documents, the Department of Justice shall issue a written request to the Minister of Justice for the appointment of notaries along with the application documents; in case of rejection, a written notification must be issued stating the reasons.

3. Within thirty days from the date of receiving the written request and application documents for the appointment of notaries from the Department of Justice, the Minister of Justice shall examine and decide on the appointment of notaries; in case of rejection, a written notification must be issued stating the reasons.

In necessary cases, the Minister of Justice may conduct verification or issue a written request to the Department of Justice, relevant agencies, or organizations to verify the appointment criteria and information in the application documents before making a decision on the appointment. The verification period shall not exceed forty-five days from the date the Minister of Justice issues the verification request; the verification period shall not be included in the deadline for examining the appointment of notaries as stated herein.

4. Applicants for the appointment of notaries must pay the fee for assessing the professional standards and conditions for notaries in accordance with the laws on fees and charges.

Article 11. Cases Prohibited from Being Appointed as Notaries

1. Persons who have lost or are restricted in their capacity for civil acts; persons who have difficulties in understanding and controlling their actions as provided for in the Civil Code.

2. Persons who have been appointed as notaries, granted a professional practice certificate for lawyers, auctioneers, bankruptcy administrators, or a price appraisal certification card but have not yet resigned from their position as notaries, had their lawyer's professional practice certificate, auctioneer's, bankruptcy administrator's professional practice certificate, or price appraisal certification card revoked.

3. Persons who are currently serving as officials, civil servants, public officials, military officers, professional soldiers, defense workers, or public officials in units under the People's Army or police officers, non-commissioned officers, or soldiers in units under the People's Public Security.

4. Persons who are currently being prosecuted for criminal responsibility; persons who have been convicted of negligent crimes, minor intentional crimes without having their criminal records expunged; persons who have been convicted of crimes related to property theft, profiteering, fraud, deception, national security violations, serious intentional crimes, very serious intentional crimes, or extremely serious intentional crimes, even if they have had their criminal records expunged.

5. Persons specified in Clause 3 of this Article who have been dismissed, disciplined with demotion, forced to resign, stripped of titles, or expelled from their profession.

6. Persons who have been disciplined with removal from the list of lawyers by the Bar Association due to violation of laws or professional ethics; persons who have been administratively punished with revocation of their lawyer's professional practice certificate and whose punishment period has not yet expired for three years from the date of completion of the administrative punishment decision.

7. Persons who have been administratively punished with revocation of their notary card, price appraisal certification card, auctioneer's professional practice certificate, or bankruptcy administrator's professional practice certificate and whose punishment period has not yet expired for three years from the date of completion of the administrative punishment decision.

8. Persons who are currently subject to compulsory administrative measures such as mandatory drug rehabilitation centers or compulsory educational facilities.

Article 12. Suspension of Notary Practice

1. The Department of Justice where the Notary practices shall issue a decision to suspend the notary practice in the following cases:

a) The notary is being pursued for criminal responsibility;

b) The notary is subject to administrative penalty measures or administrative handling measures.

2. The period of suspension of notary practice shall not exceed twelve months.

3. The Department of Justice shall decide to revoke the decision to suspend the notary practice before the deadline in the following cases:

a) There is a decision to terminate the investigation, terminate the case, or a judgment that has taken effect from the Court declaring the notary innocent;

b) The notary is no longer subject to administrative penalty measures or administrative handling measures.

4. The decision to suspend, and the decision to revoke the decision to suspend the notary practice shall be sent to the notary, the Notary Office where the notary works, the People's Court of the province or centrally-administered city (hereinafter referred to as the Provincial People's Court), the People's Procuracy of the province or centrally-administered city (hereinafter referred to as the Provincial People's Procuracy), the Civil Enforcement Bureau, the Civil Enforcement Branch where the Notary Office is located, and the Ministry of Justice.

Article 13. Removal of Notaries

1. A notary may be removed at the individual's own request.

The notary shall submit directly or send through the postal system one set of application documents for removal to the Department of Justice where they registered their practice. The application includes: a removal application form for notaries according to the model prescribed by the Minister of Justice; a certified copy or a photocopy with the original Decision on appointment of the notary for verification.

Within ten days from the date of receiving complete and valid application documents, the Department of Justice shall issue a document requesting the Minister of Justice to remove the notary along with the application documents for removal.

Within fifteen days from the date of receiving the request document and the application documents for removal from the Department of Justice, the Minister of Justice shall examine and decide on the removal of the notary.

2. A notary shall be removed in the following cases:

a) No longer meeting the criteria specified in Article 6 of this Decree, except for age criteria;

b) Belonging to one of the cases stipulated in Clause 1 and 8 of Article 11 of this Decree;

c) Not registering and practicing as a notary within one year from the date of appointment;

d) Not continuously practicing as a notary for two years or more;

đ) Reaching the maximum suspension period of notary practice as prescribed in Clause 2 of Article 12 of this Decree while the reason for suspension still exists;

e) Seriously violating the Code of Professional Ethics of Notaries; being administratively penalized twice during notary practice and continuing to violate;

g) Being a notary while concurrently practicing as a notary public, lawyer, appraiser, auctioneer, manager, or liquidator of assets;

h) Being convicted by a judgment that has taken legal effect from the Court.

3. The Minister of Justice shall remove a notary based on the proposal of the Department of Justice where the notary registered their practice or independently decide on the removal of the notary when there is evidence indicating that the notary falls under the cases stipulated in Clause 2 of this Article.

4. The Department of Justice shall be responsible for reviewing and inspecting the practice of notaries in its locality. Within ten days from the date of having evidence indicating that the notary falls under the cases for removal as prescribed in Clause 2 of this Article, the Department of Justice shall issue a document requesting the Minister of Justice to remove the notary along with the documents serving as the basis for the removal request.

Within twenty days from the date of receiving the request document and the documents serving as the basis for the removal request from the Department of Justice, the Minister of Justice shall examine and decide on the removal of the notary. When necessary, the Minister of Justice may request the Department of Justice, relevant agencies, and organizations to verify or conduct verification themselves to ensure that the grounds for removal comply with the provisions of the law.

Article 14. Reappointment of Notaries

1. A person who has been relieved of their position as a Notary pursuant to Clause 1 of Article 13 of this Decree may be considered for reappointment as a Notary upon request.

2. A person who has been relieved of their position as a Notary pursuant to Clause 2 of Article 13 of this Decree may only be considered for reappointment as a Notary when they meet the criteria set forth in Article 6 of this Decree and the reason for relief no longer exists, except in cases provided for in Clause 3 of this Article.
3. A person who has been relieved of their position as a Notary due to having been convicted of a negligent crime, a less serious intentional crime without having had their criminal record expunged; having been convicted of a crime related to property theft, fraud, deceit, national security violation, serious intentional crime, very serious intentional crime, extremely serious intentional crime, even if their criminal record has been expunged, shall not be reappointed as a Notary.

4. The authority and procedures for reappointing Notaries are stipulated in Article 10 of this Decree. The application dossier for reappointment includes:
a) An application form for reappointment as a Notary prescribed by the Minister of Justice;

c) A certified copy or photograph with the original Decision on Relief of Notary duties for comparison;

d) A certified copy or photograph with the original document proving that the reason for relief no longer exists for comparison, except in cases provided for in Clause 1 of this Article.

5. A person applying for reappointment as a Notary must pay the fee for assessing the qualifications and conditions for practicing as a Notary in accordance with the laws on fees and charges.

b) A criminal record certificate issued within six months prior to the date of submission of the application;

Article 15. Registration of Practice and Issuance, Revocation, and Reissuance of Notary Cards

1. The Notary Office submits directly or sends through the postal system one set of registration dossier and issuance of Notary Card for its Notaries to the Department of Justice where the office is located. The dossier includes:

a) A registration application for practice and issuance of Notary Card according to the form prescribed by the Minister of Justice;

b) A certified copy or photograph with the original Decision on Appointment or Reappointment of Notary for comparison;

c) One portrait photograph of the Notary measuring 2 cm x 3 cm taken no more than six months prior to the date of submission of the dossier.

2. Within ten days from the date of receiving a complete and valid dossier as stipulated in Clause 1 of this Article, the Department of Justice shall record the name of the person registered for practice in the List of Practicing Notaries in the locality and issue the Notary Card; in case of refusal, it must notify in writing with clear reasons.

Within seven working days from the date of recording the name of the person registered for practice in the List of Notaries, the Department of Justice must publish the List on its official website, local mass media, and inform the relevant agencies specified in Clause 4 of Article 12 of this Decree about the registration of Notary practice.

3. The Notary Card serves as proof of the Notary's professional status. A Notary can only practice after being registered for practice and issued a Notary Card.

4. Within seven working days from the date the Minister of Justice decides to relieve a Notary of their duties or from the date of receipt of notification from the Notary Office regarding the Notary no longer practicing at the Notary Office, the Department of Justice where the Notary practices shall remove the Notary's name from the List of Notaries, issue a decision to revoke the Notary Card, and notify in writing the person whose card is revoked, the Notary Office where the person practiced, and the relevant agencies specified in Clause 4 of Article 12 of this Decree, while simultaneously publishing the information about the revocation of the Notary Card on the Department of Justice's official website and local mass media.

The Notary Card ceases to be valid from the effective date of the decision to revoke the Notary Card by the Department of Justice.

5. The Notary Card will be reissued in case of loss or damage. The Notary submits directly or sends through the postal system one set of application dossier for reissuance of the Notary Card to the Department of Justice where they are registered for practice. The dossier includes: An application form for reissuance of the Notary Card according to the form prescribed by the Minister of Justice; one portrait photograph of the Notary measuring 2 cm x 3 cm taken no more than six months prior to the date of submission of the dossier; the original Notary Card in case of damage.

Within seven working days from the date of receiving a complete and valid dossier, the Department of Justice shall reissue the Notary Card for the Notary; in case of refusal, it must notify in writing with clear reasons.

The reissued Notary Card retains the same card number as previously issued.

6. The Notary Card blanks are issued by the Ministry of Justice.

Within seven working days from the date of receiving complete and valid files, the Department of Justice shall issue a new Card to the Commissioner; in case of refusal, a written notice stating the reasons must be provided.

The renewed Card retains the original number issued previously.

6. The blank Card for Commissioners is issued by the Ministry of Justice.

Article 16. Rights and Obligations of Notaries

1. To be honest and impartial when performing tasks.

2. Strictly comply with laws and the Code of Ethics for Notaries.

3. Be responsible to the person requesting services and to the law regarding the performance of their tasks.

4. Not to simultaneously practice at two or more Notary Offices.

5. Participate in annual notary business training as prescribed by the Minister of Justice.

6. Wear the notary uniform according to the model prescribed by the Minister of Justice, and wear the Notary Card while practicing.

7. Join notary social-professional organizations (if applicable); be subject to management by competent state agencies, the Notary Office where they practice, and notary social-professional organizations of which they are members.
8. Other rights and obligations as stipulated in this Decree and relevant laws.

NOTARY OFFICE

Chapter III

THE COMMISSIONER'S OFFICE

Article 17. Notary Office

1. The Notary Office is an organization for notaries to perform tasks assigned under this Decree and relevant laws.

A Notary Office established by one notary shall be organized as a private enterprise. A Notary Office established by two or more notaries shall be organized as a partnership company.

2. The name of the Notary Office must include the phrase "Notary Office" followed by a specific name. Naming and signage must comply with legal regulations, not duplicate or cause confusion with other Notary Offices nationwide, and not violate national historical, cultural, moral, and traditional customs.

3. The legal representative of the Notary Office is the Director of the Notary Office. The Director of the Notary Office must be a notary.

The Notary Office may have notary partners, notaries working under labor contracts, and legal secretaries.

Legal secretaries assist notaries in performing legal tasks as prescribed. Legal secretaries of notaries must meet the criteria set forth in Clause 1, Article 6 of this Decree, have at least a junior college degree in law, and not fall within any of the circumstances specified in Article 11 of this Decree.

4. The Notary Office has its own headquarters, seal, and separate bank account, operating on the principle of financial autonomy.

The seal of the Notary Office does not bear the national emblem. The Notary Office may engrave and use its seal after obtaining a registration certificate for operation. Procedures, registration forms for seal models, management, and use of seals of the Notary Office are carried out in accordance with legal regulations on seals.

The financial system of the Notary Office is implemented according to the financial system of the corresponding type of enterprise as prescribed by law.

5. The Notary Office shall not open branches, representative offices, premises, or transaction locations outside its headquarters; it shall not engage in production, business, or service activities beyond the scope of notary activities as stipulated in this Decree.

Article 18. Rights and Obligations of the Notary Public Office

1. The Notary Public Office has the following rights:

a) To enter into labor contracts with notaries and clerks working for its office;

b) To collect, manage, and use costs for implementing notarial work according to the provisions of the law;

c) To sign contracts and agreements with persons requesting services in accordance with this Decree;

d) Other rights as prescribed by this Decree and relevant laws.

2. The Notary Public Office has the following obligations:

a) To manage notaries and clerks working for its office in compliance with the law and the Code of Ethics for Notaries;

b) To comply with the provisions of the law on labor, tax, finance, reporting, and statistics;

c) To post schedules, procedures, costs for implementing notarial work, and internal regulations for receiving requests at the office premises;

d) To collect agreed-upon costs from requesters accurately;

đ) To purchase professional liability insurance for notaries working for its office; to compensate for damages (if any) according to the law;

e) To accept, facilitate, and manage trainees during their training period at its office;

g) To create conditions for notaries working for its office to participate in training and professional development programs;

h) To fulfill requirements of competent state agencies regarding reporting, inspection, auditing, and providing information about service contracts and notarial business files;

i) To establish, manage, and use accounting books, business files, and implement storage according to regulations;

k) To ensure uniforms for notaries working for its office according to the model prescribed by the Minister of Justice;

l) Other obligations as prescribed by this Decree and relevant laws.

Article 19. Duties and Authorities of the Head of the Notary Public Office

1. To organize the implementation of the rights and obligations of the Notary Public Office as stipulated in Article 18 of this Decree.

2. In civil enforcement activities, the Head of the Notary Public Office has the following duties and authorities:

a) To propose the Director of the Civil Enforcement Branch or the Director of the Civil Enforcement Department where the Notary Public Office is located to issue an enforcement decision according to Article 55 of this Decree and the Civil Enforcement Law;

b) To propose relevant agencies, organizations, and individuals to cooperate in verifying enforcement conditions and organizing enforcement;

c) To notify in writing the authority with the right to lodge objections if violations of the law are discovered in judgments or decisions that have taken legal effect;

d) To respond to objections and suggestions from the People's Procuracy with the right to object; to suggest competent state agencies to impose disciplinary actions, administrative penalties, or criminal prosecution against violators according to the law.

3. Other duties and authorities as prescribed by this Decree and relevant laws.

Article 20. Information and Reporting System

1. The Notary Public Office is responsible for submitting periodic reports every six months and annually to the Department of Justice where it is located regarding its organization and operations.

Annually, the Department of Justice is responsible for submitting reports to the People's Committee of the province or centrally-administered city (hereinafter referred to as the Provincial People's Committee) and the Ministry of Justice on the organizational and operational situation of notaries in the locality.

The Notary Public Office shall submit ad hoc reports as required by the Department of Justice and the Ministry of Justice; the Department of Justice shall submit ad hoc reports as required by the Provincial People's Committee and the Ministry of Justice.

2. The Notary Public Office shall submit reports to serve inspections, audits, supervision, and financial management, tax control activities according to the law.

3. The Minister of Justice shall provide detailed regulations on accounting books, forms, documents, and reporting systems concerning the organization and operation of notaries.

Article 21. Establishment of Notary Public Office

1. The establishment of a Notary Public Office must be based on the following criteria:

a) Economic and social conditions of the district where the Notary Public Office is planned to be established;

b) The number of cases handled by courts and civil enforcement agencies in the district where the Notary Public Office is planned to be established;

c) Population density and needs of residents in the district where the Notary Public Office is planned to be established;

d) There shall not be more than two Notary Public Offices in one administrative unit at the district level which is a city district, provincial city, or town; there shall not be more than one Notary Public Office in one district-level administrative unit.

2. Based on the criteria stipulated in Clause 1 of this Article, the Department of Justice shall coordinate with relevant departments and sectors to develop a proposal for developing Notary Public Offices in the locality to be submitted to the People's Committee of the province for approval.

3. Based on the approved proposal for developing Notary Public Offices, the People's Committee of the province shall issue a notice regarding the establishment of a Notary Public Office in the locality. On the basis of the notice issued by the People's Committee of the province, a Notary Public who wishes to establish a Notary Public Office shall submit directly or send through the postal system one set of application documents for establishing a Notary Public Office to the Department of Justice where the Notary Public Office is proposed to be established. The application includes:

a) An application form for establishing a Notary Public Office as prescribed by the Minister of Justice;

b) A description of the organization, name, personnel, location of the office, material conditions, and implementation plan;

c) A certified copy or a photocopy attached with the original Decision appointing or reappointing the Notary Public for verification.

4. Within twenty days from the date of receiving complete and valid application documents, the Department of Justice shall submit to the People's Committee of the province for consideration and decision to permit the establishment of a Notary Public Office; in case of refusal, a written notification specifying the reasons must be issued.

Within twenty days from the date of receiving the submission from the Department of Justice, the People's Committee of the province shall consider and decide to permit the establishment of a Notary Public Office; in case of refusal, a written notification specifying the reasons must be issued.

The Notary Public proposing to establish a Notary Public Office must pay the fee for assessing the conditions for establishing and operating a Notary Public Office as prescribed by laws on fees and charges.

Article 22. Registration of Activities of Notary Public Office

1. Within thirty days from the date of receipt of the Decision permitting establishment, the Notary Public Office must register its activities with the Department of Justice that granted permission.

The registration content of the Notary Public Office includes: Name, address of the Notary Public Office headquarters; name of the Notary Public Office Director; list of general partners Notary Publics and list of Notary Publics working under labor contracts (if any) of the Notary Public Office.

2. The Notary Public Office shall submit directly or send through the postal system one set of registration documents to the Department of Justice. The documents include: An activity registration form as prescribed by the Minister of Justice; a certified copy or a photocopy attached with the original Decision permitting establishment of the Notary Public Office for verification; proof of meeting the conditions stipulated in Clause 3 and Clause 4 of Article 17 of this Decree and the registration practice file of the Notary Public as stipulated in Clause 1 of Article 15 of this Decree.

3. Within ten days from the date of receiving complete and valid registration documents, the Department of Justice shall issue a Business Registration Certificate for the Notary Public Office; in case of refusal, a written notification specifying the reasons must be issued.

The Notary Public Office may commence operations from the date the Department of Justice issues the Business Registration Certificate.

Article 23. Notification of Registration Content for Notary Office Activities

Within seven working days from the date of issuance of the Business Registration Certificate to the Notary Office, the Department of Justice must notify in writing the registration information to the Civil Enforcement Agency, Provincial People's Court, Provincial People's Procuracy, tax authority, statistical agency, public security agency, Civil Enforcement Branch, People's Court, People's Procuracy, District People's Committee, Commune People's Committee where the Notary Office is located, the Ministry of Justice, and publish on the Department of Justice’s electronic portal.

Article 24. Change of Registration Content for Notary Office Activities

1. When changing any of the registration contents specified in Clause 1 of Article 22 of this Decree, the Notary Office must register the change with the Department of Justice at the place of registration.

The Notary Office shall submit directly or send through the postal system one set of documents to the Department of Justice. The dossier includes: A request form for changing registration content according to the model prescribed by the Minister of Justice; proof of the change and the original Business Registration Certificate.

2. In cases where the Managing Partner of the Notary Office is temporarily suspended from practicing, dismissed, dies, or for other reasons cannot be the legal representative of the Notary Office, the Notary Office must implement changes to the registration content regarding the Managing Partner with the Department of Justice in accordance with the provisions of Clause 1 of this Article.

3. Within seven working days from the date of receiving complete and valid documents, the Department of Justice issues the Business Registration Certificate to the Notary Office; if refused, it must notify in writing with clear reasons.

In the case stipulated in Clause 2 of this Article, the time limit for issuing the Business Registration Certificate to the Notary Office is three working days from the date of receiving complete and valid documents.

4. Within seven working days from the date of issuing the Business Registration Certificate to the Notary Office, the Department of Justice has the responsibility to notify the agencies specified in Article 23 of this Decree.

Article 25. Change of General Partners in the Notary Office

1. The status of a general partner in the Notary Office terminates in the following cases:

a) At the individual wish of the Notary General Partner if agreed upon by the remaining Notary General Partners;

b) The Notary General Partner is dismissed; loses or is restricted in civil capacity or has difficulty in understanding and controlling behavior according to the provisions of the Civil Code. In this case, the value of the assets of that Notary General Partner in the Notary Office will be fairly and adequately returned after deducting the portion of debt attributable to that Notary General Partner;

c) The Notary General Partner of the Notary Office dies or is declared dead by the Court, then the heir of the Notary General Partner inherits the value of the assets in the Notary Office after deducting the portion of debt attributable to that Notary General Partner. The heir may become a Notary General Partner of that Notary Office if they meet the criteria for practicing as a Notary and are agreed upon by the remaining Notary General Partners.

2. The Notary Office has the right to accept new Notary General Partners if approved by the remaining Notary General Partners.

3. When changing general partners as provided for in Clauses 1 and 2 of this Article, the Notary Office must register the change in registration content in accordance with the provisions of Article 24 of this Decree.

In the event of termination of the status of a general partner as provided for in Clause 1 of this Article, if the Notary Office does not accept a new Notary General Partner to maintain the type of business operation, within six months from the date of termination of the status of the general partner, the Notary Office must convert the type of business operation from a partnership to a sole proprietorship in accordance with the provisions of Article 26 of this Decree.

Article 26. Conversion of Notary Office Business Forms

1. A Notary Office that wishes to convert its business form from a private enterprise to a partnership or vice versa shall submit directly or send via postal service one set of application documents for conversion to the Department of Justice where it is registered. The application includes:

a) An application for conversion in the format prescribed by the Minister of Justice;

b) A statement on the conversion of business forms, including details of the conversion plan, organizational and operational status of the Notary Office up to the date of application, projected organizational structure, name, office location, personnel, material conditions;

c) A certified copy or scanned copy with the original Appointment Decision for Notaries for verification purposes;

d) The original Establishment Permit Decision for the Notary Office.

2. Within fifteen days from the date of receiving complete and valid application documents, the Department of Justice shall be responsible for reviewing the application and submitting it to the Provincial People's Committee for consideration and decision on allowing the conversion of the Notary Office's business form; if rejected, a written notification must be issued stating the reasons.

3. Within fifteen days from the date of receiving the submitted application documents from the Department of Justice, the Provincial People's Committee shall consider and decide on allowing the conversion of the Notary Office's business form; if rejected, a written notification must be issued stating the reasons.

4. Within fifteen days from the date of receiving the Permit Decision for conversion, the Notary Office must register its operations at the Department of Justice that approved the conversion. The Notary Office shall submit directly or send via postal service one set of registration documents to the Department of Justice. The documents include: an operation registration application in the format prescribed by the Minister of Justice; a certified copy or scanned copy with the original Permit Decision for conversion for verification purposes, and proof of meeting all conditions required for the Notary Office's operations as stipulated in Point b Clause 1 of this Article.

Within seven working days from the date of receiving complete and valid registration documents, the Department of Justice shall issue an Operation Registration Certificate to the converted Notary Office; if rejected, a written notification must be issued stating the reasons.

5. Within seven working days from the date of issuing the Operation Registration Certificate to the converted Notary Office, the Department of Justice shall be responsible for notifying relevant agencies as provided in Article 23 of this Decree.

6. The converted Notary Office may commence operations from the date the Department of Justice issues the Operation Registration Certificate; it shall inherit all rights, obligations, and be responsible for storing all files and documents of the previous Notary Office.

Article 27. Merger and Consolidation of Notary Offices

1. Two or more Notary Offices with headquarters in the same provincial area may merge into a new Notary Office by transferring all assets, rights, obligations, and lawful interests to the merged Notary Office, while simultaneously ceasing operations of the merged Notary Offices.

2. One or more Notary Offices may consolidate into another Notary Office with headquarters in the same provincial area by transferring all assets, rights, obligations, and lawful interests to the consolidating Notary Office, while simultaneously ceasing operations of the consolidated Notary Office.

3. The Notary Offices subject to merger or consolidation as prescribed in Clauses 1 and 2 of this Article shall submit directly or send via postal service one set of documents to the Department of Justice where their headquarters are located. The documents include:

a) An application for merger or consolidation of Notary Offices in the format prescribed by the Minister of Justice;

b) A merger or consolidation agreement, which includes the following main contents: Names and addresses of the headquarters of the Notary Offices being merged or consolidated; time frame for implementing the merger or consolidation; plans for handling assets and using labor of the Notary Offices; matters concerning the inheritance of all rights, obligations, and lawful interests of the Notary Offices, and other related contents;

c) Tax declarations and audited financial reports of the most recent year of the Notary Offices up to the date of application for merger or consolidation;

d) Inventory records of business files and current asset inventory records of the Notary Offices being merged or consolidated;

đ) Lists of general partners and contract-based notaries (if any) at the Notary Offices;

e) Original Establishment Permit Decisions and Operation Registration Certificates of the Notary Offices.

Within fifteen days from the date of receiving complete and valid application documents, the Department of Justice shall submit them to the Provincial People's Committee for consideration and decision on allowing the merger or consolidation of Notary Offices; if rejected, a written notification must be issued stating the reasons.

Within fifteen days from the date of receiving the submitted application documents from the Department of Justice, the Provincial People's Committee shall consider and decide on allowing the merger or consolidation of Notary Offices; if rejected, a written notification must be issued stating the reasons.

4. Within fifteen days from the date of receiving the Permit Decision for merger or consolidation, the merged Notary Office must register its operations, and the consolidating Notary Office must register changes to its operation registration at the Department of Justice that approved the merger or consolidation. The Notary Office shall submit directly or send via postal service one set of registration documents to the Department of Justice. The documents include: an operation registration application or an application for changes to the operation registration in the format prescribed by the Minister of Justice; the Permit Decision for merger or consolidation; proof of the Notary Office's headquarters, and certified copies or scanned copies with the original Appointment Decisions for notaries currently practicing at the Notary Office for verification purposes.

Within seven working days from the date of receiving complete and valid registration documents, the Department of Justice shall issue an Operation Registration Certificate to the merged or consolidating Notary Office; if rejected, a written notification must be issued stating the reasons.

5. Within seven working days from the date of issuing the Operation Registration Certificate to the converted Notary Office, the Department of Justice shall be responsible for notifying relevant agencies as provided in Article 23 of this Decree.

6. During the merger or consolidation process, the Notary Offices shall continue to operate until the new Notary Office receives its Operation Registration Certificate from the Department of Justice.

Article 28. Transfer of Notary Public Office

1. The Notary Public Office may be transferred to other Notaries who meet the conditions stipulated in Clause 2 of this Article. The Notary Public Office can only be transferred after it has been operational for at least two years from the date of issuance of the Business Registration Certificate.

A Notary who transfers the Notary Public Office shall not be permitted to establish or participate in establishing a new Notary Public Office within five years from the transfer date, but may continue practicing as a Notary under the labor contract regime.

2. The Notary receiving the transfer of the Notary Public Office must satisfy the following conditions:

a) Commitment to practice for at least two years at the Notary Public Office being transferred, inheriting the rights and obligations of the Notary Public Office being transferred;

b) Commitment to continue performing all tasks according to contracts and agreements between the Notary Public Office being transferred and the requesting parties, relevant agencies as prescribed by this Decree;

c) Not falling under the circumstances currently suspended from practicing as a Notary as stipulated in Clause 1, Article 12 of this Decree at the time of receiving the transfer.

3. The Notary Public Office wishing to transfer shall submit directly or send through the postal system one set of documents to the Department of Justice where the business registration is recorded. The documents include:

a) Request for transfer of the Notary Public Office in the form prescribed by the Minister of Justice;

b) Transfer contract with notarization in the form prescribed by the Minister of Justice;

c) Inventory of business files of the transferring Notary Public Office;

d) Certified copy or scanned copy with original Appointment Decision or Reappointment Decision of Notaries receiving the transfer for verification;

đ) Original Decision allowing establishment and Business Registration Certificate of the transferring Notary Public Office;

e) Declaration of tax payment and financial report audited in the last two years of the transferring Notary Public Office;

g) Written commitment regarding the contents specified in points a and b of Clause 2 of this Article.

Within fifteen days from the date of receipt of complete valid documents, the Department of Justice shall submit for consideration and decision by the provincial People's Committee on allowing the transfer of the Notary Public Office; if rejected, a written notification with detailed reasons must be issued.

Within fifteen days from the date of receipt of the submitted documents from the Department of Justice, the provincial People's Committee shall consider and decide on allowing the transfer; if rejected, a written notification with detailed reasons must be issued.

4. Within twenty days from the date of receipt of the Decision allowing the transfer, the Notary Public Office must register changes to the business registration content as prescribed in Article 24 of this Decree.

The application for change of business registration content consists of one set including: Request for change of business registration content in the form prescribed by the Minister of Justice; Decision allowing the transfer of the Notary Public Office; proof of tax obligations fulfilled in connection with the transfer of the Notary Public Office; proof of office location of the transferring Notary Public Office (in case of change of location) and business registration files of Notaries as prescribed in Clause 1, Article 15 of this Decree.

Within seven working days from the date of receipt of complete valid documents, the Department of Justice shall issue the Business Registration Certificate for the Notary Public Office; if rejected, a written notification with detailed reasons must be issued.

5. Within seven working days from the date of issuing the Operation Registration Certificate to the converted Notary Office, the Department of Justice shall be responsible for notifying relevant agencies as provided in Article 23 of this Decree.

6. During the transfer procedure, the transferring Notary Public Office continues to operate until the Business Registration Certificate is reissued.

Article 29. Suspension of Notary Public Office Operations

1. The Notary Public Office shall be suspended from operations in the following cases:

a) The Director of the Notary Public Office established by a Notary Public or all the general partners of the Notary Public Office are temporarily suspended from practicing notarization;

b) Failure to meet other operational conditions as prescribed in this Decree and relevant laws.

2. The Department of Justice where the Notary Public Office is located shall issue a decision to suspend the operations of the Notary Public Office in the cases stipulated in Clause 1 of this Article.

3. The period of suspension shall not exceed twelve months. During the suspension period, the Notary Public Office must pay off all outstanding taxes, continue to settle other debts, fulfill its obligations under contracts signed with employees; for service contracts that have not been performed or completed, the Notary Public Office must terminate such contracts, except in cases where there are other agreements.

Files processed by the Notary Public Office during the suspension period shall still be stored at the Notary Public Office.

Article 30. Termination of Notary Public Office Operations

1. The Notary Public Office shall be terminated in the following cases:

a) Voluntary termination of activities;

b) Revocation of the Decision allowing establishment as provided for in Article 31 of this Decree;

c) Merger or absorption.

2. In the case of termination as provided for in point a, Clause 1 of this Article, the Notary Public Office must submit a written report to the Department of Justice where it is registered at least thirty days before the expected date of termination. Prior to the termination date, the Notary Public Office has the obligation to pay off all outstanding taxes, settle other debts, complete the procedures to terminate contracts signed with employees, and finish service contracts already signed; if it is unable to complete the service contracts already signed, it must reach an agreement with the requesting party regarding the performance of those contracts.

The Department of Justice where the Notary Public Office is located is responsible for revoking the Registration Certificate of the Notary Public Office, submitting to the People's Committee of the province for a decision to revoke the Decision allowing establishment, publishing information about the termination of the Notary Public Office on the Department of Justice’s electronic portal, and notifying in writing the agencies specified in Article 23 of this Decree.

3. In the case of termination as provided for in point b, Clause 1 of this Article, within seven working days from the date of the Decision revoking the Decision allowing establishment, the Department of Justice where the Notary Public Office is located is responsible for revoking the Registration Certificate of the Notary Public Office, publishing information about the termination of the Notary Public Office on the Department of Justice’s electronic portal, and notifying in writing the agencies specified in Article 23 of this Decree.

Within sixty days from the date of revocation of the Decision allowing establishment, the Notary Public Office has the obligation to pay off all outstanding taxes, settle all other debts, complete the procedures to terminate labor contracts signed with employees; for service contracts that have not been performed or completed, the Notary Public Office must terminate such contracts. If the Notary Public Office fails to complete these financial obligations beyond this period, or in the case of twenty-five Notary Public Offices being terminated due to the revocation of the Decision allowing establishment because the Director of the Notary Public Office or all the general partners of the Notary Public Office have died or been declared dead by the Court, the assets of the Notary Public Office and the general partners shall be used to settle the debts of the Notary Public Office according to civil law regulations.

4. The files of the Notary Public Office terminated as provided for in points a and b, Clause 1 of this Article shall be handled as follows:

a) Files related to civil enforcement proceedings shall be transferred to the Civil Enforcement Agency where the Notary Public Office is located for storage according to the file retention system for civil enforcement proceedings. For ongoing civil enforcement cases, the Department of Justice where the Notary Public Office is located shall be responsible for informing and guiding the requesting party on the procedures to transfer the files to the enforcement agency to carry out the enforcement proceedings;

b) Certified copies and related documents shall be transferred to the Department of Justice where the Notary Public Office is located for storage.

5. In the case of termination as provided for in point c, Clause 1 of this Article, the rights and obligations of the Notary Public Office shall be continued by the Notary Public Office that merges with it or the Notary Public Office that absorbs it.

6. The Department of Justice is responsible for monitoring and urging the Notary Public Office to perform tasks when the office terminates operations.

Article 31. Revocation of Decision Permitting the Establishment of a Notary Office

1. The Decision Permitting the Establishment of a Notary Office shall be revoked in the following cases:

a) Failure to register operations as prescribed in Article 22 of this Decree;

b) Six months from the date of issuance of the Registration Certificate for Operations, the Notary Office has not commenced operations;

c) Ceasing operations continuously for twelve months or more, or failing to resume operations within the maximum suspension period specified in Clause 3, Article 29 of this Decree;

d) The Director of the Notary Office, who was established by one Notary, or all of the general partners of the Notary Office have been relieved of their duties, died, or declared dead by the Court without having a successor qualified to be appointed as a Notary;

đ) Being administratively punished with the revocation of the right to use the Registration Certificate for Operations for six months or more according to the laws on administrative violations.

2. The Department of Justice shall be responsible for inspecting, reviewing, and preparing files to propose the People's Committee of the province to issue a decision revoking the Decision Permitting the Establishment of a Notary Office.

Chapter IV

AUTHORITY, SCOPE, AND PROCEDURES FOR THE IMPLEMENTATION OF NOTARY ACTIVITIES

Section 1

 SERVICE DELIVERY

Article 32. Authority and Scope of Service Delivery by Notaries

1. Notaries shall deliver the following documents, files, and materials:

a) Documents, files, and materials of Courts, People's Procuracy, and civil enforcement agencies;

b) Documents, files, and materials related to judicial assistance in the civil field of foreign competent authorities.

2. The Director of the Notary Office may delegate the business secretary to perform service delivery, except in cases where the parties agree that service delivery must be performed by a Notary.

3. The Notary Office shall be liable before the requesting agency or organization for inaccurate, non-compliant, or untimely service delivery; compensation for damages (if any) shall be made according to the provisions of the law.

Article 33. Service Delivery of Court, People's Procuracy, and Civil Enforcement Agency Documents, Files, and Materials

1. Notaries shall deliver documents, files, and materials of Courts, People's Procuracy in civil dispute resolution, administrative litigation cases, civil matters in criminal cases, and complaints and denunciations; deliver documents, files, and materials of civil enforcement agencies within the provincial territory where the Notary Office is located, pursuant to a service delivery contract signed between the Notary Office and the Courts, People's Procuracy, and civil enforcement agencies.

In cases of service delivery outside the provincial territory or in island areas beyond the district where the Notary Office is located, the Notary Office may negotiate with the Courts, People's Procuracy, and civil enforcement agencies through separate contracts for each specific matter.

2. The procedures for delivering documents, files, and materials of Courts, People's Procuracy shall be carried out according to the provisions of the procedural laws; the procedures for delivering documents, files, and materials of civil enforcement agencies shall be carried out according to the provisions of the civil enforcement laws.

3. The service delivery contract shall be implemented in the manner that the Courts, People's Procuracy, and civil enforcement agencies transfer the agreed-upon types of documents, files, and materials to the Notary Office for delivery.

Agreed-upon documents, files, and materials for delivery include: Notice letters, summonses, invitations, notifications, decisions to bring cases to trial, judgments, decisions, appeal decisions of the Courts; notifications, appeal decisions of the People's Procuracy; decisions on enforcement, notice letters, summonses, notifications of civil enforcement agencies. In necessary cases, Notaries may deliver other types of documents, files, and materials upon request of the Courts, People's Procuracy, and civil enforcement agencies.

The quantity and specific types of documents, files, and materials handed over to Notaries for delivery shall be executed through daily records confirmed by both parties.

4. The main contents of the service delivery contract include: Types of documents, files, and materials to be delivered; duration of the contract; delivery procedures; rights and obligations of the parties; delivery costs.

After signing, the service delivery contract shall be sent to the State Treasury where the Courts, People's Procuracy, and civil enforcement agencies have opened accounts to monitor the payment of delivery costs to the Notary Office.

5. Each Court, each People's Procuracy, and each civil enforcement agency may enter into a service delivery contract with one or more Notary Offices.

Article 34. Serving Documents, Files, and Materials Related to Judicial Assistance in Civil Matters from Foreign Competent Authorities

1. The Ministry of Justice selects one or more Notary Offices to carry out the service of documents, files, and materials related to judicial assistance in civil matters from foreign competent authorities.

2. Notary Offices shall serve documents, files, and materials related to judicial assistance in civil matters from foreign competent authorities throughout the country.

3. The Minister of Justice shall provide detailed regulations on the service prescribed in Clause 1 and 2 of this Article and other relevant contents.

Article 35. Notification of Service Results

1. The service is considered completed when the Notary has finished all procedures as stipulated by law.

2. The Notary must notify the results of the service or documents proving the completion of the service to the Court, People's Procuracy, civil enforcement agency, and other agencies or organizations that have requested it within two working days from the date of completing the service, except where the parties have agreed otherwise.

The service result must be recorded in the service book established according to the model prescribed by the Minister of Justice.

Section 2

VI BANG ESTABLISHMENT

Article 36. Authority, Scope of VI BANG Establishment, Legal Value of VI BANG

1. Notaries may establish VI BANG to record real events and actions at the request of agencies, organizations, and individuals throughout the country, except for cases specified in Article 37 of this Decree.

2. VI BANG does not replace notarized documents, authenticated documents, or other administrative documents.

3. VI BANG serves as evidence for the Court to consider when resolving civil and administrative cases as prescribed by law; it is the basis for transactions between agencies, organizations, and individuals as prescribed by law.

4. During the process of evaluating and considering the evidentiary value of VI BANG, if necessary, the People's Court and People's Procuracy may summon the Notary, agencies, organizations, and individuals to clarify the authenticity of VI BANG. The Notary, agencies, organizations, and individuals must be present when summoned by the Court and People's Procuracy.

Article 37. Cases Where VI BANG Cannot Be Established

1. Cases prescribed in Clause 4 of Article 4 of this Decree.

2. Violations of security and defense guarantees including: Infringing upon security and defense targets; disclosing state secrets, disseminating news, documents, items belonging to state secrets; violating regulations on entry, exit, and movement in restricted areas, protected zones, safety belts of security and defense works, and military zones; violating regulations on protecting secrets and security and defense works.

3. Violations of private life, personal privacy, family privacy as prescribed in Article 38 of the Civil Code; contrary to social ethics.

4. Confirming the content, signing in contracts, transactions that laws stipulate fall within the scope of notarization and authentication activities; confirming the accuracy, legality, and non-violation of social ethics of translations of documents and texts from Vietnamese to foreign languages or vice versa; confirming signatures and true copies.

5. Recording events and actions to transfer land use rights, ownership of assets without proof of land use rights or ownership as prescribed by law.

6. Recording events and actions to implement illegal transactions of the person requesting the establishment of VI BANG.

7. Recording events and actions of officials, civil servants, public employees, professional officers, professional soldiers, workers, and defense public employees in units under the People's Army, officers, non-commissioned officers, and soldiers in units under the Public Security Force while performing official duties.

8. Recording events and actions not directly witnessed by the Notary.

9. Other cases as prescribed by law.

Article 38. Agreement on the establishment of notarial record

1. The person requesting the establishment of a notarial record must enter into a written agreement with the Director of the Notary Office regarding the establishment of the notarial record, including the following main contents:

a) The content of the notarial record to be established;

b) Location and time for establishing the notarial record;

c) Costs for establishing the notarial record;

d) Other agreements (if any).

2. The agreement on the establishment of the notarial record shall be made in two copies, each party holding one copy.

Article 39. Procedure for establishing a notarial record

1. The notary must directly witness, establish the notarial record, and bear responsibility before the person requesting it and before the law regarding the notarial record established by themselves. Recording events and actions in the notarial record must be objective and truthful. In necessary cases, the notary has the right to invite witnesses to observe the establishment of the notarial record.

The person requesting must provide complete and accurate information and documents related to the establishment of the notarial record (if any) and bear responsibility for the accuracy and legality of the provided information and documents.

When establishing a notarial record, the notary must clearly explain to the person requesting about the legal value of the notarial record. The person requesting must sign or affix their fingerprint on the notarial record.

2. The notarial record must be signed by the notary on each page, stamped with the seal of the Notary Office, and recorded in the notarial record book established according to the model prescribed by the Minister of Justice.

3. The notarial record must be sent to the person requesting and stored at the Notary Office in accordance with the provisions of the law on archiving, similar to notarized documents.

4. Within three working days from the date of completion of the establishment of the notarial record, the Notary Office must send the notarial record and supporting documents (if any) to the Department of Justice where the Notary Office is located to register in the registry. Within two working days from the date of receipt of the notarial record,

the Department of Justice must register the notarial record in the registry. The Department of Justice builds a database on notarial records; implements registration and management of the database on notarial records according to the guidelines of the Ministry of Justice.

Article 40. Form and Main Content of Notarial Record

1. The notarial record is established in Vietnamese writing, containing the following main contents:

a) Name and address of the Notary Office; name and surname of the notary establishing the notarial record;

b) Location and time for establishing the notarial record;

c) Name and address of the person requesting the establishment of the notarial record;

d) Names of other participants (if any);

đ) Content of the request for the establishment of the notarial record; specific content of the event or action recorded;

e) The notary's declaration of truthfulness and objectivity in establishing the notarial record;

g) Signature of the notary, stamp of the Notary Office, signature or fingerprint of the person requesting, other participants (if any), and the person whose actions are recorded (if they have requested).

A notarial record with two pages or more must be numbered sequentially; a notarial record with two sheets or more must be stamped with a cross-stamp between the sheets; the number of original copies of each notarial record is agreed upon by the parties.

2. Supporting documents may accompany the notarial record; if the supporting documents are established by the notary, they must comply with the authority and scope stipulated in Clause 1 of Article 36 of this Decree.

3. The Minister of Justice shall specify the form of the notarial record.

Article 41. Correction of Technical Errors in Notarial Records

1. In case there are technical errors during recording, typing, or printing of the notarial record that do not affect the authenticity of the recorded event or action, the notary is responsible for correcting such errors. The correction of technical errors in the notarial record shall be carried out at the Notary Office that established the notarial record.

2. When correcting technical errors, the notary must carefully check each error to be corrected, underline the place to be corrected, then write the corrected content on the margin along with their signature and stamp of the Notary Office.

3. If the notarial record has already been sent to the person requesting and the Department of Justice, the Notary Office must send the corrected notarial record to the person requesting and the Department of Justice.

Article 42. Issuing certified copies

1. The issuance of certified copies shall be carried out by the Notary Public Office that stores the original certified copy in the following cases:

a) At the request in writing from the competent authority for providing the certified copy file to serve supervision, inspection, audit, investigation, prosecution, trial, and enforcement related to the establishment of the certified copy.

b) At the request of the person requesting the establishment of the certified copy, or the person with rights and obligations related to the established certified copy.

2. The person requesting the issuance of a certified copy as stipulated in point b, Clause 1 of this Article must pay the cost of issuing the certified copy at the rate of five thousand dong per page, and three thousand dong per page for pages from the third page onwards.

Section 3

VERIFICATION OF CONDITIONS FOR CIVIL ENFORCEMENT

Article 43. Competence and scope of verification of conditions for civil enforcement

1. A notary public has the right to verify the conditions for civil enforcement where the case falls within the jurisdiction of civil enforcement agencies in the province where the Notary Public Office is located.

2. When conducting the verification of conditions for civil enforcement, a notary public has the right to verify outside the province where the Notary Public Office is located.

Article 44. Agreement on verification of conditions for civil enforcement

1. The parties involved, those with rights and obligations related to the enforcement have the right to agree with the Notary Public Office on verifying the conditions for enforcement of the obligor, including cases where the matter is directly being enforced by a civil enforcement agency.

2. The agreement between the party requesting and the Notary Public Office on verifying the conditions for enforcement shall be concluded in the form of a service contract, including the following main contents:

a) The content to be verified, specifying the requirement to verify information about assets, income, or conditions for enforcement of the obligor;

b) Timeframe for verification;

c) Rights and obligations of the parties;

d) Verification costs;

e) Other agreements (if any).

3. When agreeing with the Notary Public Office on verifying the conditions for enforcement, the party must provide the judgment, decision of the court, and other relevant documents (if any); those with rights and obligations related to enforcement must provide documents proving their direct rights and obligations concerning the execution of the party's rights and obligations.

Article 45. Procedure for verification of conditions for civil enforcement

1. Within three working days from the date of signing the service contract, the Director of the Notary Public Office must issue a decision to verify the conditions for civil enforcement, except in cases where the parties have agreed otherwise. The verification decision must clearly state the basis, content of verification, and be recorded in the verification book of conditions for civil enforcement established according to the model prescribed by the Minister of Justice.

The verification decision must be sent to the People's Procuracy of the district where the Notary Public Office is located and the competent civil enforcement agency as prescribed by the law on civil enforcement.

2. The verification of conditions for civil enforcement shall be conducted directly or by requesting organizations, entities, or individuals to provide information.

3. When conducting verification directly, the notary public must present the introduction letter of the Notary Public Office, the Notary Public Card along with the relevant documents specified in point a, Clause 4 of this Article, and must announce the verification decision or the enforcement decision when the Notary Public Office organizes enforcement; prepare a record of the verification. The record must be signed by the notary public, the provider of information, and confirmed by the organization, entity, or individual providing information. If immediate provision of information cannot be achieved, the reason must be clearly stated in the record. The record is made in two copies, each party retains one copy.

In necessary cases, the notary public may invite specialized agencies or experts to clarify the content to be verified.

4. In the case of verification by written request, the request for information provision must include the following contents:

a) Basis for requesting information provision including: Name of the effective judgment, decision; Verification decision, copy of the agreement on verification of conditions for enforcement; Enforcement decision when the Notary Public Office organizes enforcement;

b) Information about the obligor including: Name, main address of the obligor who is an organization; name, residence address of the obligor who is an individual, and other necessary information;

c) Information requested to be provided within the scope and competence of the notary public as prescribed in this Decree;

e) Other related information.

d) Timepoint and deadline for information provision.

The request for information provision accompanied by relevant documents is sent to the organization, entity, or individual providing information, and simultaneously sent to the People's Procuracy of the district where the Notary Public Office is located. In cases of verification outside the province where the Notary Public Office is located, the notary public must also send it to the People's Procuracy of the district where the verification is being conducted.

Article 46. Refusal to Provide Information

1. Agencies, organizations, and individuals have the right to refuse to provide information in the following cases:

a) The matter does not fall within the jurisdiction of the Notary for verification;

b) The request for provision of information concerns agencies, organizations, or individuals who are not obligors under the enforcement authority of the Notary;

c) The application file for providing information is incomplete with the required documents as stipulated in Article 45 of this Decree;

d) Information and documents that fall within the scope of state secrets as prescribed by relevant laws.

2. Agencies, organizations, and individuals refusing to provide information must respond in writing, clearly stating the reasons.

Article 47. Confidentiality of Verification Information for Enforcement Conditions

1. Verification information for enforcement conditions may only be used for the purpose of enforcing judgments and decisions with legal effect and shall be kept confidential according to the regulations of the law.

2. Notaries, Notary Offices, applicants, and related agencies, organizations, and individuals are responsible for maintaining the confidentiality of provided information.

3. Individuals, agencies, or organizations violating the provisions of Clause 1 and 2 of this Article shall be subject to administrative violations or criminal prosecution, and compensation for damages (if any) as prescribed by law depending on the nature and degree of violation.

Article 48. Use of Verification Results for Enforcement Conditions

1. The person subject to enforcement, those with rights and obligations related to the case have the right to use the verification results of the Notary for enforcement or to protect their legitimate rights. Civil Enforcement Authorities and Notary Offices with enforcement authority shall base their enforcement actions on these verification results.

2. In cases where there is evidence to determine that the verification results are not objective or accurate, the Civil Enforcement Authority and Notary Office have the right not to use such results but must respond in writing, clearly stating the reasons.

Article 49. Delegation of Verification of Enforcement Conditions

1. A Notary Office may delegate part or all of the work content under the service contract for verifying enforcement conditions to another Notary Office if the applicant agrees.

2. The delegation between Notary Offices must be documented in writing and include the following contents: Information about the Notary Offices; information about the verification applicant, the verification content as stipulated in the signed service contract; the delegation content, completed contents (if any), ongoing verification content, delegation fees, and other agreements (if any).

The delegation must be notified in writing to the People's Procuracy at the district level where the delegating Notary Office is located, and the Notary Office accepting the delegation to implement supervision according to the law.

3. The Notary Office accepting the delegation shall carry out the verification according to this Decree and civil enforcement laws.

Article 50. Cooperation of Related Agencies, Organizations, and Individuals in Verifying Enforcement Conditions

1. Judicial officers - civil registration, land administration - construction - urban environment, other village-level cadres and officials, social insurance agencies, credit institutions, land registration agencies, collateral transaction registration agencies, notary organizations, and other individuals, agencies, and organizations holding information or managing assets and accounts of obligors shall cooperate and support the Notary in verifying enforcement conditions; provide information on the enforcement conditions of obligors and bear responsibility for the contents of the provided information.

2. Agencies, organizations, and individuals holding information or managing assets and accounts of obligors shall sign the record when the Notary verifies directly or provides information in writing upon the Notary's request within five working days from the date of receipt of the request; in case of refusal to provide information, they must respond in writing, clearly stating the reasons.

The information-providing document includes the following contents: Time of information provision; the content of the information provided according to the Notary's request within the scope and authority stipulated in this Decree.

3. If agencies, organizations, or individuals provide false information about the enforcement conditions of obligors, they shall be held accountable under the law, pay for any incurred costs, and compensate for damages (if any) as prescribed by law.

Section 4

ENFORCEMENT OF JUDGMENTS AND DECISIONS AT THE REQUEST OF THE PARTIES

Article 51. Authority to Organize Enforcement of Judgments by Notaries

1. Notaries have the authority to organize the enforcement of judgments upon the request of the parties with respect to the following judgments and decisions:

a) First-instance judgments and decisions that have become legally binding of the People's Court at district, county, town, city under province level and equivalent (hereinafter referred to as the People's Court at district level); first-instance judgments and decisions that have become legally binding of the People's Court at provincial level where the Notary Office is located;

b) Second-instance judgments and decisions of the People's Court at provincial level where the Notary Office is located concerning first-instance judgments and decisions that have not yet become legally binding of the People's Court at district level; second-instance judgments and decisions of the High People's Court concerning first-instance judgments and decisions that have not yet become legally binding of the People's Court at provincial level where the Notary Office is located;

c) Supervisory and retrial decisions of the High People's Court concerning judgments and decisions that have become legally binding of the People's Court at district level, People's Court at provincial level where the Notary Office is located.

2. Notaries shall not organize the enforcement of parts of judgments and decisions that fall within the scope of the head of the civil execution agency proactively issuing an enforcement decision as provided for in Clause 2 of Article 36 of the Civil Execution Law.

Article 52. Tasks and Authorities of Notaries in Organizing Enforcement of Judgments

1. When organizing the enforcement of judgments, notaries shall perform the following tasks and have the following authorities:

a) Timely and accurately implement the contents of the enforcement decision issued by the head of the civil execution agency based on the proposal of the Director of the Notary Office; apply correctly the provisions of the law on the procedures and formalities for enforcement, ensuring the interests of the state, the legitimate rights and interests of the parties, and those with related rights and obligations;

b) Invite the parties and those with related rights and obligations to resolve matters related to enforcement;

c) Propose the head of the civil execution agency to review and amend the enforcement decision already issued based on the proposal of the Director of the Notary Office;

d) Verify the conditions for enforcement of the person subject to enforcement; propose relevant agencies, organizations, and individuals to cooperate in providing information and documents to verify the address and assets of the person subject to enforcement.

2. When organizing the enforcement of judgments, notaries shall not perform the following tasks and have the following authorities:

a) Apply enforcement security measures and enforcement coercive measures as stipulated in Articles 66, 71, and 72 of the Civil Execution Law;

b) Use support tools during official duties as stipulated in Clause 9 of Article 20 of the Civil Execution Law;

c) Administer administrative penalties;

d) Request the court to determine, divide, and handle joint property for enforcement as stipulated in Article 74 of the Civil Execution Law;

đ) Request the court to declare a transaction void as stipulated in Article 75 of the Civil Execution Law;

e) The right to request the court to determine the owner and user of the property, temporary custody documents; determine ownership and usage rights of the property for enforcement, resolving disputes over property; request cancellation of documents and transactions related to property; resolve disputes regarding the results of auctioning property as stipulated in Clause 4 of Article 68, Clause 3 of Article 69, and Clause 2 of Article 102 of the Civil Execution Law.

Article 53. Right to Request Enforcement

1. For the same content of request, at the same time, the person requesting enforcement has the right to submit only one application for enforcement to either a Notary Office or a civil execution agency.

2. In cases where the person subject to enforcement is entitled to enforce multiple items within the same judgment or decision from one obligor, at the same time, the person subject to enforcement may only request the civil execution agency or a Notary Office to organize enforcement. If the items to be enforced are from different obligors, the person subject to enforcement has the right to simultaneously request the civil execution agency and Notary Office to enforce each item separately.

Where there are multiple persons subject to enforcement in the same judgment or decision, and some request the civil execution agency to organize enforcement while others request a Notary Office to organize enforcement, the civil execution agency and Notary Office must cooperate with each other in enforcement.

3. The statute of limitations and procedures for requesting enforcement shall be implemented in accordance with the provisions of the Civil Execution Law.

Article 54. Agreement on Organizing Enforcement

1. The agreement between the person requesting enforcement and the Notary Office regarding organizing enforcement shall be in the form of a service contract and include the following main contents:

a) Date of the request for enforcement;

b) Items requested for enforcement according to the judgment or decision;

c) Responsibilities of the Notary Office in implementing the enforcement request under the authorization;

d) Costs and payment methods;

đ) Other agreements (if any). The contract shall be established in two copies, each party holding one copy.

2. After signing the contract, the Notary Office must register the enforcement case according to the model prescribed by the Minister of Justice.

Article 55. Decision on Enforcement

1. Within five working days from the date of signing the service contract, the Director of the Notary Office, based on the content of the service contract and the enforcement authority stipulated in Article 35 of the Civil Execution Law, shall issue a written request to the Head of the Civil Execution Agency or the Director of the Civil Execution Department where the Notary Office is located to issue an enforcement decision within their jurisdiction. The request must be accompanied by the authorized enforcement request, the judgment or decision to be enforced as prescribed by the Civil Execution Law, and related documents.

2. Within five working days from the date of receiving the request from the Director of the Notary Office, the Head of the civil execution agency must examine and issue an enforcement decision; if no decision is issued, a written response must be provided stating the reasons.

3. The enforcement decision shall include the following contents:

a) Name, position of the person issuing the decision;

b) Number, date, name of the agency or organization issuing the decision;

c) Name, address of the person subject to enforcement;

d) Name, address of the person obligated to enforce;

đ) Name, address of the Notary Office organizing enforcement;

e) Content of the work that the Notary Officer must perform to organize enforcement;

g) Time limit for the person obligated to enforce to voluntarily comply.

The enforcement decision must be registered in the enforcement register according to the model prescribed by the Minister of Justice.

4. The content of the work that the Notary Officer must perform to organize enforcement as stipulated in point e, Clause 3 of this Article includes:

a) Verification of enforcement conditions;

b) Organization of enforcement;

c) Agreement on enforcement;

d) Payment of enforcement costs.

5. Within two working days from the date of receipt of the enforcement decision from the Head of the civil execution agency, the Notary Office that made the request must send the enforcement decision to the person subject to enforcement, the person obligated to enforce, the People's Procuracy of the district (if the matter falls within the jurisdiction of the district-level civil execution agency) or the People's Procuracy of the province (if the matter falls within the jurisdiction of the provincial-level civil execution agency) where the Notary Office is located.

6. The Head of the civil execution agency bears responsibility before the law, the parties, and those with rights and obligations related to the issuance or non-issuance of the enforcement decision upon the request of the Director of the Notary Office.

The Notary Officer bears responsibility before the law, the parties, and those with rights and obligations related to the request for issuance of the enforcement decision and the organization of enforcement of the decision issued by the Head of the civil execution agency.

7. The enforcement decision issued upon the request of the Notary Office does not fall within the cases accepted and organized for enforcement by the civil execution agency.

Article 56. General Procedures for Enforcement by Notaries

1. Notaries shall carry out enforcement procedures in accordance with this Decree and civil enforcement laws.

2. Handling cases of transferring matters from civil enforcement agencies to Notary Offices and vice versa:

a) For matters currently being enforced by civil enforcement agencies but subsequently, the parties submit a written request not to continue enforcement and to terminate enforcement proceedings so that the Notary Office can organize enforcement, the party shall have no right to request the civil enforcement agency to continue enforcement on amounts already decided to be terminated by the enforcement agency;

b) For matters currently being enforced by Notary Offices but subsequently, the parties submit a written request not to continue enforcement and terminate the contract with the Notary Office, the person subject to enforcement may request another civil enforcement agency or Notary Office with jurisdiction to continue organizing enforcement, except in the case stipulated in point a of this clause;

c) New enforcement requests by the parties must clearly state the results of previous enforcement; the contents requested for continued enforcement and information, documents related to the request. The procedure, process, and results of previous enforcement, if carried out in accordance with the law, retain their legal validity, are recognized, and can be used as a basis for continuing enforcement.

Article 57. Termination of Enforcement by Notaries

Notaries shall terminate enforcement and must notify the Civil Enforcement Agency or the Civil Enforcement Department that issued the enforcement decision about the termination of enforcement in the following cases:

1. The enforcement concludes naturally in accordance with civil enforcement laws;

2. By agreement between the Notary and the party, except where the termination affects the legitimate rights and interests of third parties;

3. When measures to ensure enforcement and compulsory enforcement measures must be applied as provided for in the Civil Enforcement Law;

4. When the Notary organizes enforcement and enforcement conditions arise outside the province where the Notary Office is located;

5. After 15 days from receiving the notice, if the person entitled to enforcement does not request the Court to determine the ownership rights to property or land use rights of the person subject to enforcement within the joint asset according to Clause 1, Article 74 of the Civil Enforcement Law and the person subject to enforcement has no other assets;

6. After 15 days from receiving the notice, if the person entitled to enforcement does not request the Court to declare transactions related to assets void according to Clause 2, Article 75 of the Civil Enforcement Law and the person subject to enforcement has no other assets;

7. Cases requiring the Court to determine the owner or user of the asset, temporary custody documents; determine ownership or usage rights of assets for enforcement, resolving disputes over assets; requesting cancellation of documents or transactions related to assets; resolving disputes regarding the results of auctioning assets according to Clause 4, Article 68, Clause 3, Article 69, and Clause 2, Article 102 of the Civil Enforcement Law and the person subject to enforcement has no other assets.

Article 58. Legal Consequences when Terminating Enforcement Proceedings

1. When terminating enforcement proceedings, the Notary Office and the party requesting enforcement must settle the service contract for enforcement. During the settlement process and in resolving any arising issues, if disputes occur, the parties shall request the court to resolve them in accordance with the law.

As for remaining funds and assets without a recipient, the Notary Office shall handle them in accordance with the Law on Civil Enforcement and civil law regarding ownerless property.

For cases not yet fully enforced, the parties have the right to continue requesting enforcement in accordance with Article 53 of this Decree.

2. In cases where enforcement proceedings are terminated pursuant to Clauses 3, 4, 5, 6, and 7 of Article 57 of this Decree, before settling the contract, the Director of the Notary Office must perform the following tasks:

a) Issue a decision or propose the competent authority to issue a decision to recover uncompleted enforcement decisions, notifications, and documents.

b) Transfer all enforcement case files to the competent civil enforcement agency to organize enforcement in accordance with the Law on Civil Enforcement.

c) Notify the parties in writing about the file transfer and inform the party requesting enforcement that they have the right to continue requesting the civil enforcement agency to organize enforcement in accordance with civil enforcement law.

3. In cases where enforcement proceedings are terminated as provided for in Article 57 of this Decree, before settling the contract, the Director of the Notary Office must notify in writing the People's Procuracy of the district (if the case falls within the jurisdiction of the district-level enforcement agency) or the People's Procuracy of the province (if the case falls within the jurisdiction of the provincial-level enforcement agency) where the Notary Office is located about the termination of enforcement proceedings and the transfer of files to the civil enforcement agency.

4. Responsibilities of the civil enforcement agency are as follows:

a) Accepting enforcement case files transferred from the Notary Office.

b) Accepting applications for enforcement from the parties, issuing enforcement decisions, and assigning enforcement officers to organize enforcement in accordance with the law, except in the cases stipulated in point a, Clause 2 of Article 56 of this Decree.

c) Recognizing and utilizing previous enforcement results carried out by the Notary if those results were achieved without violating the law when the case continues to be enforced.

Article 59. Payment of Enforcement Fees

1. The payment of enforcement fees by the Notary is implemented in accordance with the law on civil enforcement.

2. The civil enforcement agency and the Notary Office must cooperate in paying enforcement fees in cases where the person subject to enforcement has multiple obligations being enforced simultaneously by the civil enforcement agency and the Notary Office.

Article 60. Responsibilities of Agencies in Enforcement

1. The responsibilities of the civil enforcement agency are as follows:

a) The Civil Enforcement Branch or Civil Enforcement Department where the Notary Office is located is responsible for issuing enforcement decisions upon the request of the Notary Office; transferring the enforcement decision to the requested Notary Office within two working days from the date of issuance.

The Civil Enforcement Department where the Notary Office is located is responsible for supporting the enforcement activities of the Notary Office, guiding cooperation in enforcement between Civil Enforcement Branches and the Notary Office, and among Notary Offices in the area.

b) The Civil Enforcement Branch or Civil Enforcement Department is responsible for cooperating with Notary Offices in verifying enforcement conditions and paying enforcement fees as prescribed.

2. Social insurance agencies, State Treasury, and credit organizations must cooperate in providing information and supporting Notaries and Notary Offices in verifying enforcement conditions in accordance with this Decree and civil enforcement law.

3. The responsibilities of the asset registration agency and the secured transaction registration agency are as follows:

a) Registering ownership rights to assets and land use rights for the buyer of the asset or the party receiving the asset to offset the amount to be enforced.

b) Recovering, amending, or canceling certificates of ownership rights to assets and land use rights, and secured transaction registration documents issued to the person subject to enforcement; issuing new certificates in accordance with the law.

Section 5

COSTS OF IMPLEMENTING THE WORK OF THE NOTARY

Article 61. Costs for performing tasks of Notaries

The costs for performing tasks of Notaries must be recorded in the contract between the Notary Office and the person requesting.

Article 62. Costs for serving court documents, files, and materials of the Court, People's Procuracy, and civil enforcement agency

1. The costs for serving court documents, files, and materials of the Court, People's Procuracy, and civil enforcement agency shall be agreed upon by the Court, People's Procuracy, and civil enforcement agency with the Notary Office in the contract stipulated in Clause 3 of Article 33 of this Decree based on the framework of costs prescribed in Clause 2 of this Article.

2. The framework of serving costs is as follows:

a) A minimum of VND 65,000 per matter and a maximum of VND 130,000 per matter, except in cases prescribed in point b of this clause;

b) In cases where serving documents, files, and materials outside the provincial territory or in island areas beyond the district where the Notary Office is located, the Court, People's Procuracy, and civil enforcement agency shall agree with the Notary Office on serving costs, including: actual incurred costs but not exceeding the travel allowance regime according to the regulations applicable to state agencies and public service units; labor fees based on the number of working days of the person performing the serving task but not exceeding the minimum wage for workers employed in state agencies and public service units.

The serving costs prescribed in this Clause include the implementation of public posting when direct serving is not possible and according to the provisions of procedural laws and civil enforcement laws, public posting is required.

3. Payment of serving costs shall be carried out as follows:

a) Payment of serving costs shall be conducted monthly. The Notary Office is responsible for issuing and delivering service invoices to the Court, People's Procuracy, and civil enforcement agency. Within five working days from receiving valid invoices and documents, these agencies are responsible for completing the payment procedures and transferring funds via bank transfer to the State Treasury where their accounts are opened to control the payment of serving costs to the Notary Office;

b) For serving matters where parties are required to bear the costs according to the law, the Court, People's Procuracy, and civil enforcement agency collect and transfer the amount to the Notary Office. For serving matters where the state budget bears the costs according to the law, the Court, People's Procuracy, and civil enforcement agency transfer the amount to the Notary Office;

c) In cases where the party's payment cannot be collected at the time of payment as prescribed in point a of this Clause, the civil enforcement agency temporarily advances the funds from the allocated budget to pay the Notary Office. The civil enforcement agency is responsible for urging the collection of the serving costs that the party must pay to repay the state budget;

d) In cases where the civil enforcement agency serves documents, files, and materials, if the case is entrusted, the civil enforcement agency that has transferred the documents, files, and materials to the Notary Office for serving must settle the serving costs already incurred. If the party is required to bear the serving costs but the payment has not been collected, the entrusting civil enforcement agency must issue a document requesting the entrusted civil enforcement agency to recover the serving costs from the party;

đ) The State Treasury controls the payment of serving costs according to the law.

4. Annually, based on the workload of the previous year, the costs prescribed in this Article, and the planned work for the next year, the Court, People's Procuracy, and civil enforcement agency prepare a budget estimate for serving costs to be included in their overall budget estimates submitted to higher authorities according to the state budget law, which shall be separated into two parts:

a) Serving costs in cases where the state budget pays;

b) Advance payments in cases where the party pays.

Article 63. Costs for serving documents, files, and materials related to judicial assistance in civil matters by foreign competent authorities

The costs for serving documents, files, and materials related to judicial assistance in civil matters by foreign competent authorities shall be prescribed by the Minister of Justice.

Article 64. Costs for establishing notarized evidence and verifying enforcement conditions

1. The costs for establishing notarized evidence and verifying enforcement conditions shall be agreed upon between the person requesting and the Notary Public Office based on the work performed or hours worked.

2. The Notary Public Office shall establish and publicly display the costs for establishing notarized evidence and verifying enforcement conditions, specifying the maximum and minimum levels and calculation principles.

Based on the publicly displayed costs, the person requesting and the Notary Public Office may further agree on the actual implementation costs based on work performed or hours worked, including travel expenses; service fees for information-providing agencies; expenses for witnesses, participants, or other incidental costs (if any).

3. In cases where the Notary Public Office organizes enforcement and must conduct verification, the verification costs shall be agreed upon between the Notary Public and the person requesting according to the provisions of Clause 2 of this Article or included in the costs of civil enforcement proceedings as stipulated in Article 65 of this Decree.

Article 65. Costs for civil enforcement proceedings

For organizing enforcement proceedings, the Notary Public Office may collect costs at the level of enforcement fees prescribed by laws on fees and charges. For complex cases, the Notary Public Office and the person requesting enforcement may agree on the actual implementation costs.

Chapter V

STATE MANAGEMENT, VIOLATION HANDLING, PETITION RESOLUTION, COMPLAINTS, DISPUTE RESOLUTION, AND SUPERVISION OF NOTARY PUBLIC ACTIVITIES

Article 66. Responsibilities of the Government

1. The Government shall uniformly manage state affairs concerning Notary Publics.

2. The Ministry of Justice shall be responsible before the Government and the Prime Minister for managing state affairs concerning Notary Publics, with the following tasks and powers:

a) Issuing or proposing the issuance of legal normative documents on Notary Publics within its authority;

b) Providing guidance on professional practices, inspecting, and auditing Notary Public activities;

c) Training and vocational development for Notary Publics;

d) Issuing Professional Ethics Codes for Notary Publics;

đ) Appointing, reappointing, and removing Notary Publics;

e) Resolving complaints and accusations regarding Notary Publics in accordance with the law;

g) Other tasks and powers as prescribed by this Decree and relevant laws.

Article 67. Responsibilities of Ministries and Agencies Equivalent to Ministries

1. The Minister of Public Security shall be responsible for guiding prisons on collecting amounts of money and assets that persons subject to enforcement must pay when such persons are serving custodial sentences.

2. The Minister of Finance shall be responsible for guiding the State Treasury, social insurance agencies, tax authorities, and subordinate agencies to cooperate with Notary Publics in verifying enforcement conditions and organizing enforcement proceedings as prescribed by this Decree and relevant laws; providing guidance on financial regulations stipulated in this Decree.

Article 68. Responsibilities of the Provincial People's Committee

1. The provincial people's committee shall manage state affairs concerning Notaries at the local level and have the following tasks and powers:

a) Managing the activities of Notaries in the locality; promoting and disseminating information about Notary activities;

b) Approving the Development Plan for Notary Offices in the locality;

c) Permitting the establishment, transformation, merger, consolidation, transfer, and cessation of operations of Notary Offices;

d) Inspecting, auditing, and resolving complaints and denunciations regarding Notaries in accordance with the law;

đ) Other tasks and powers as prescribed by this Decree and relevant laws.

2. The Department of Justice assists the provincial people's committee in managing state affairs concerning Notaries at the local level and has the following tasks and powers:

a) Verifying information in the dossier for the appointment and removal of Notaries upon request from the Ministry of Justice; registering practice, issuing, reissuing, and revoking Notary Cards; deciding on temporary suspension of Notary practice;

b) Leading and coordinating with other departments to develop the Development Plan for Notary Offices in the locality for approval by the provincial people's committee;

c) Receiving, examining dossiers, and implementing procedures to submit to the provincial people's committee for permission to establish, transform, merge, consolidate, transfer, and cease operations of Notary Offices;

d) Issuing and revoking Certificates of Registration for Notary Office operations; deciding on temporary cessation of Notary Office operations;

đ) Building a database system for notarial acts in accordance with Clause 4, Article 39 of this Decree;

e) Inspecting, auditing, and resolving complaints and denunciations regarding Notaries in accordance with the law;

g) Reporting to the Ministry of Justice and the provincial people's committee on the organization and activities of Notaries in accordance with this Decree and relevant laws;

h) Performing other tasks as prescribed by this Decree, relevant laws, and requests from the Ministry of Justice and the provincial people's committee.

Article 69. Handling Violations

1. If a Notary violates the provisions of this Decree, they will be subject to administrative penalties or criminal prosecution, and may be required to compensate for damages (if applicable), depending on the nature and severity of the violation, in accordance with the law.

2. If a Notary Office violates the provisions of this Decree, it will be subject to administrative penalties and may be required to compensate for damages (if applicable) in accordance with the law.

3. If a person requesting a Notary to perform a task provides false information, uses forged documents, alters or erases documents illegally, or engages in other fraudulent behavior, they will be subject to administrative penalties or criminal prosecution, and may be required to compensate for damages (if applicable), depending on the nature and severity of the violation, in accordance with the law.

4. If a person in a position of authority violates the rights and legitimate interests of Notaries or Notary Offices, or obstructs their exercise of rights and obligations, they will be subject to disciplinary action or criminal prosecution, and may be required to compensate for damages (if applicable), depending on the nature and severity of the violation, in accordance with the law.

5. An individual who practices Notary without meeting the conditions for such practice must cease the illegal activity, be subject to administrative penalties or criminal prosecution, and may be required to compensate for damages (if applicable), in accordance with the law.

An organization that operates Notary without meeting the conditions for such operation must cease the illegal activity, be subject to administrative penalties, and may be required to compensate for damages (if applicable), in accordance with the law.

Article 70. Handling Complaints

1. The handling of complaints regarding the appointment, reappointment, removal of Notaries; registration of practice and issuance of Notary cards; temporary suspension of Notary practice; establishment, registration of activities, conversion, merger, consolidation, transfer, temporary cessation, termination of Notary Office operations shall be carried out in accordance with the provisions of the law on complaints.

2. The handling of complaints regarding the service of court documents, files, materials of the People's Court and the People's Procuracy shall be carried out in accordance with the provisions of the procedural law.

3. The handling of complaints regarding the enforcement of civil judgments shall be carried out in accordance with the provisions of the Law on Civil Judgment Enforcement as follows:

a) Complaints about the issuance or non-issuance of judgment enforcement decisions at the request of the Head of the Notary Office:

In cases where the authority to issue judgment enforcement decisions is held by the Director of the Civil Judgment Enforcement Branch, the Director of the Civil Judgment Enforcement Department shall handle the first-level complaint within thirty days from the date of accepting the complaint. If the complainant disagrees with the decision of the Director of the Civil Judgment Enforcement Department, they have the right to file a second-level complaint with the Director of the Civil Judgment Enforcement General Department. The Director of the Civil Judgment Enforcement General Department shall issue the second-level decision within forty-five days from the date of accepting the complaint. The decision of the Director of the Civil Judgment Enforcement General Department shall take effect;

In cases where the authority to issue judgment enforcement decisions is held by the Director of the Civil Judgment Enforcement Department, the Director of the Civil Judgment Enforcement General Department shall handle the first-level complaint within thirty days from the date of accepting the complaint. If the complainant disagrees with the decision of the Director of the Civil Judgment Enforcement General Department, they have the right to file a second-level complaint with the Minister of Justice. The Minister of Justice shall issue the second-level decision within forty-five days from the date of accepting the complaint. The decision of the Minister of Justice shall take effect;

b) Complaints about the conduct of the Head of the Notary Office, Notaries:

For cases where the judgment enforcement decisions are issued by the Director of the Civil Judgment Enforcement Branch pursuant to Article 55 of this Decree, the Director of the Civil Judgment Enforcement Branch shall handle the first-level complaint regarding the conduct of the Head of the Notary Office, Notaries within thirty days from the date of accepting the complaint. If the complainant disagrees with the decision of the Director of the Civil Judgment Enforcement Branch, they have the right to file a second-level complaint with the Director of the Civil Judgment Enforcement Department. The Director of the Civil Judgment Enforcement Department shall issue the second-level decision within forty-five days from the date of accepting the complaint. The decision of the Director of the Civil Judgment Enforcement Department shall take effect;

For cases where the judgment enforcement decisions are issued by the Director of the Civil Judgment Enforcement Department pursuant to Article 55 of this Decree, the Director of the Civil Judgment Enforcement Department shall handle the first-level complaint regarding the conduct of the Head of the Notary Office, Notaries within thirty days from the date of accepting the complaint. If the complainant disagrees with the decision of the Director of the Civil Judgment Enforcement Department, they have the right to file a second-level complaint with the Director of the Civil Judgment Enforcement General Department. The Director of the Civil Judgment Enforcement General Department shall issue the second-level decision within forty-five days from the date of accepting the complaint. The decision of the Director of the Civil Judgment Enforcement General Department shall take effect;

In remote areas with difficult access, for complex cases, the time limit for handling complaints may be extended but not exceed sixty days from the date of accepting the complaint;

c) Where necessary, the Minister of Justice has the right to review decisions on handling complaints about judgment enforcement that have taken effect.

Article 71. Handling of Complaints

The complaints and handling of complaints in the activities of Notaries shall be carried out in accordance with the provisions of the law on complaints.

Article 72. Resolution of Disputes

1. Disputes regarding the performance of contracts and compensation for damages outside the contract related to the performance of tasks by Notaries shall be resolved by competent authorities in accordance with the provisions of civil law and civil procedure law.

2. For disputes concerning the establishment of notarized evidence, the parties have the right to initiate proceedings before the court for resolution.

Article 73. Supervision of Notary Activities

The activities of serving papers, files, and documents of courts, People's Procuracy, civil enforcement agencies, verification of conditions for enforcement, and organization of enforcement by Notaries shall be subject to supervision by the People's Procuracy in accordance with the Law on Organization of the People's Procuracy, procedural laws, civil enforcement laws, this Decree, and relevant laws.

Chapter VI

EFFECTIVE DATE AND TRANSITION PROVISIONS

Article 74. Effective Date and Transition Provisions

1. This Decree shall take effect from February 24, 2020.

2. Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the organization and operation of Notaries piloted in Ho Chi Minh City; Decree No. 135/2013/NĐ-CP dated October 18, 2013 of the Government amending and supplementing the name and some articles of Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the organization and operation of Notaries piloted in Ho Chi Minh City shall cease to be effective from the date this Decree takes effect, except as provided for in Clause 4 of this Article.

3. Notaries appointed and Notary Offices established under Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the organization and operation of Notaries piloted in Ho Chi Minh City and Decree No. 135/2013/NĐ-CP dated October 18, 2013 of the Government amending and supplementing the name and some articles of Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the organization and operation of Notaries piloted in Ho Chi Minh City shall continue to practice and operate in accordance with this Decree.

4. The provisions on the criteria for appointing Notaries under Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the organization and operation of Notaries piloted in Ho Chi Minh City and Decree No. 135/2013/NĐ-CP dated October 18, 2013 of the Government amending and supplementing the name and some articles of Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the organization and operation of Notaries piloted in Ho Chi Minh City shall continue to be applied for a period of one year from the date this Decree takes effect.

5. Notaries who were appointed before the effective date of this Decree and wish to change their place of practice shall have the Notary Office at the new location complete the registration procedures for practice and issue a Notary Card to such Notary in accordance with Article 15 of this Decree.

6. Individuals who were relieved of their duties as Notaries prior to the effective date of this Decree based on personal wishes may be considered for reappointment as Notaries in accordance with Clause 1 and Clause 4 of Article 14 of this Decree.

7. For matters that Notary Offices had accepted but not yet resolved before the effective date of this Decree, the procedures and formalities already carried out in accordance with the law shall be recognized as valid results; remaining procedures and formalities shall continue to be implemented in accordance with this Decree.

8. For civil enforcement cases that Notary Offices had accepted but not yet completed before the effective date of this Decree, if situations arise as stipulated in point a, d, đ, and e of Clause 2 of Article 52 of this Decree, enforcement must be terminated in accordance with Article 57 and implemented in accordance with Article 58 of this Decree.

For civil enforcement cases where the civil enforcement agency had issued a decision to suspend enforcement to allow Notary Offices to organize enforcement before the effective date of this Decree, if subsequent measures such as security measures and compulsory enforcement measures need to be applied according to the Civil Enforcement Law, the civil enforcement agency shall resume responsibility to issue enforcement decisions and carry out enforcement in accordance with the Civil Enforcement Law.

9. The register of notarized evidence as prescribed in Clause 4 of Article 39 of this Decree shall continue to be used until the database on notarized evidence is established.

10. Pilot projects implementing the Notary system in provinces and centrally governed cities approved by the Ministry of Justice before the effective date of this Decree, which comply with the provisions of this Decree, shall continue to be implemented.

Article 75. Responsibility for implementation

1. The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial people's committees shall be responsible for implementing this Decree.

2. The Minister of Justice within the scope of his/her responsibilities shall coordinate with relevant ministries and sectors to guide the implementation of the provisions assigned and other necessary contents of this Decree to meet the requirements of state management over Notary work.

3. Provincial People's Committees shall direct lower-level People's Committees and relevant agencies in their locality to cooperate, support, and create favorable conditions for Notaries to perform their tasks.