Circular No. 08/2022/TT-BTP Issuing the Code of Ethics for Notaries

CIRCULAR

Issuing Professional Ethics Rules for Notaries

_________________ 

THE MINISTER OF JUSTICE

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

Pursuant to Decree No. 08/2020/NĐ-CP dated January 8, 2020 of the Government on the organization and operation of Notaries;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the request of the Director of the Judicial Assistance Department, Ministry of Justice;

The Minister of Justice issues this Circular on the Professional Ethics Rules for Notaries.

Article 1. Attached to this Circular are the Professional Ethics Rules for Notaries.

Article 2. This Circular takes effect from December 22, 2022.

Article 3. The Heads of the Office, the Director of the Judicial Assistance Department, the Heads of units under the Ministry, the Directors of Provincial Departments of Justice, organizations of notaries, notary offices, notaries, and other relevant organizations and individuals are responsible for implementing this Circular./.

PROFESSIONAL ETHICS RULES FOR NOTARIES

(Attached to Circular No. 08/2022/TT-BTP dated November 1, 2022 issued by the Minister of Justice)

Foreword

A notary is a person who meets the criteria set by the State and is appointed to deliver legal documents, files, and materials; issue notarial acts; verify conditions for civil enforcement; organize the execution of court judgments and decisions in accordance with the law, thereby protecting the interests of the State, lawful rights and interests of individuals and organizations.

The Professional Ethics Rules for Notaries stipulate ethical standards and conduct in professional practice, serving as a basis for notaries to cultivate and improve their ethics, enhance the quality of their activities, reputation, and professional responsibility, contributing to consolidating the position and role of the notary profession in society.

PART I

GENERAL PRINCIPLES

Article 1. Protecting the interests of the State, lawful rights and interests of individuals and organizations in society

Notaries have the duty to be loyal and serve the country and the people; through their professional activities, they contribute to ensuring the seriousness and fairness of the law; protect the interests of the State, lawful rights and interests of organizations and individuals.

Article 2. Ensuring respect for the law, independence, objectivity, and respect for the truth

Clause 1. Notaries must respect the Constitution and laws, voluntarily comply with the provisions of these Rules in their professional practice.

Clause 2. Notaries must perform assigned tasks accurately, completely, responsibly, and maintain an independent, objective, truthful, and respectful attitude towards the truth.

Article 3. Respecting and protecting the reputation and honor of the profession

Clause 1. Notaries have the responsibility to respect and maintain the reputation of the profession.

Clause 2. Notaries must behave civilly and courteously in their professional practice; live a healthy lifestyle to earn the respect, trust, and honor of colleagues, clients, and society regarding themselves and their profession.

Clause 3. Notaries must wear prescribed uniforms and display their notary badges when practicing.

Article 4. Cultivating and improving oneself

Clause 1. Notaries must continuously cultivate and improve their ethics; actively participate in training and development courses; proactively learn to enhance their professional knowledge, skills, and abilities, contributing to improving the quality of their work and serving clients.

Clause 2. Notaries must be dedicated to their work; be ready to accept and promptly and fully resolve legitimate requests from individuals and organizations, ensuring compliance with the law and social ethics.

Article 5. Confidentiality of information and preservation of case files

1. Notaries have the responsibility to keep confidential, guide business secretarial staff and employees of their Office to maintain confidentiality of all information in case files and all information obtained about the content of work during and after the resolution of requests. Providing information about the performance of work to others must be with the written consent of the requester, except where otherwise provided by law.

2. Notaries have the responsibility to carefully preserve case files during the process of resolving requests, and hand over complete case files for storage in accordance with the provisions of the law.

 

Chapter II

RELATIONSHIP BETWEEN NOTARIES AND REQUESTERS

 

Article 6. Responsibilities in fulfilling requests

1. Notaries must provide full, accurate, lawful guidance and explanations to requesters so that they fully understand their rights, obligations, and specific legal consequences arising from the fulfillment of requests, especially the legal value of notarized certificates.

2. Notaries have the responsibility to provide requesters with relevant information about their rights, obligations, and professional responsibilities as notaries upon request.

Article 7. Equal treatment among requesters

Notaries ensure equal treatment among requesters; they may not discriminate based on gender, ethnicity, race, religion, nationality, social status, or financial capability among requesters who meet the conditions stipulated by law to make requests.

Article 8. Collection of fees

In cases authorized by the Head of the Notary Office, notaries are responsible for collecting fees accurately, fully, and transparently according to agreements; when collecting fees, they must issue complete invoices and receipts and inform requesters clearly about the amounts collected and the payments they must make.

Article 9. Matters not allowed for notaries in their relationship with requesters

1. Harassing, causing difficulties, or inconveniencing requesters.

2. Receiving or demanding additional money or benefits from requesters beyond the fees recorded in the contract.

3. Accepting money or any other benefit from third parties to perform or not perform requests.

4. Accepting requests whose purpose and content violate the law, contravene social morals, or exceed the duties and powers of notaries.

5. Issuing notarized certificates, verifying conditions for civil enforcement judgments, organizing the execution of court decisions related to their own rights and interests, those of their relatives, including: spouse, children (biological and adopted), parents (biological and adoptive), grandparents (paternal and maternal), uncles, aunts, brothers, sisters, nephews, nieces, and grandchildren (through paternal or maternal lines).

6. Advising, inciting, colluding, or facilitating requesters to commit acts that violate the law and infringe upon the legitimate rights and interests of organizations or individuals.

7. Applying pressure, coercion, deception, threats, discounts, or making promises to induce requesters to use services.

8. Colluding with requesters or related parties to alter the content of notarized certificates, case files already executed, or other fraudulent actions.

9. Intentionally executing contrary to the content of judgments or decisions; delaying or prolonging the time for enforcing judgments without legal grounds.

10. Other prohibited activities as stipulated by law.

 

                                            Chapter III

RELATIONSHIP BETWEEN NOTARIES AND COLLEAGUES, NOTARY OFFICES, SOCIAL-PROFESSIONAL ORGANIZATIONS

 

Article 10. Relations with Colleagues, Notary Office, and Professional-Social Organizations of Notaries

1. Respect and protect the honor and reputation of colleagues; maintain and promote the spirit of solidarity, friendliness, cooperation, and mutual assistance to fulfill tasks; have the responsibility to supervise each other and resolutely struggle to eliminate wrongful acts in practice. When discovering colleagues' mistakes, notaries have the duty to give frank advice; report to authorities, organizations, or persons with jurisdiction if such acts violate the law or harm the profession's reputation.

2. Adhere to the internal regulations and rules of the Notary Office, the charter of professional-social organizations of notaries of which they are members; pay membership fees for professional-social organizations of which they are members.

3. Guide and assist new colleagues entering the profession; strengthen professional exchanges, help each other progress together.

4. Participate in professional-social organizations of notaries (if any); be subject to management by state agencies with jurisdiction, the Notary Office where they practice, and professional-social organizations of notaries of which they are members.

5. Participate in professional activities and other social activities organized or initiated by the State, professional-social organizations of notaries, and Notary Offices aimed at contributing to the common development of the notary profession.

Article 11. Matters Not Allowed for Notaries in Relations with Colleagues and Notary Offices

1. Exert pressure, threaten, or commit acts violating the law or social morals to gain advantages for themselves or their Notary Offices in practice before other notaries or Notary Offices.

2. Conduct self-promotion activities and those of their Notary Offices that do not comply with legal provisions, aiming to engage in unfair competition with other notaries or Notary Offices.

3. Engage in brokerage activities, receive or demand commissions when referring clients to colleagues for cases they do not handle.

4. Establish branches, representative offices, premises, or transaction locations outside the main office of the Notary Office.

5. Other acts contrary to social morals or violating the law.

Article 12. Relations with Trainee Practitioners of Notaries

1. Notaries have the obligation to participate in guiding trainees in notary practice; raise their sense of responsibility, wholeheartedly impart knowledge, skills, and professional experience, and treat trainees respectfully and appropriately.

2. When guiding trainees, notaries shall not perform the following acts:

a) Discriminate against trainees under their guidance.

b) Demand material benefits, money, or other interests from trainees.

c) Collude with trainees to report false or inaccurate information about training results.

d) Exploit their position as trainers to force trainees to perform tasks outside the scope of training or commit acts violating the law or social morals to achieve personal benefits.

 

Chapter IV

RELATIONS OF NOTARIES WITH CIVIL EXECUTION AUTHORITIES, PEOPLE'S PROSECUTION OFFICES, PEOPLE'S COURTS AND OTHER AGENCIES, ORGANIZATIONS, AND INDIVIDUALS

 

Article 13. Relations with Civil Enforcement Agencies

1. Be ready to cooperate and support in work towards the highest efficiency; for the goal of professional development.

2. Shall not engage in actions that violate and negatively impact the image and reputation of civil enforcement agencies.

3. Actively exchange knowledge, experience, and skills in handling tasks with civil enforcement agencies.

4. When discovering misconduct by civil enforcement agency personnel in the performance of their duties, there shall be a responsibility to report to the relevant individual or agency to promptly prevent and address such misconduct.

Article 14. Relations with People's Procuracy, People's Court

1. Strictly comply with the supervision of the People's Procuracy in professional activities according to the provisions of the law; fulfill all obligations to report, provide files, and materials to serve the supervisory activities of the People's Procuracy according to the regulations.

2. Have the responsibility to organize the execution of judgments and decisions of the People's Court together with the People's Court at the request of the parties according to the provisions of the law.

3. Closely coordinate with the People's Court and the People's Procuracy in examining and evaluating the authenticity of evidentiary acts; implement agreements on service of process signed between the parties.

Article 15. Relations with Media

1. Notaries must be truthful, accurate, and objective when providing information to the press, mass media, and social networks. Strictly prohibited from using the press, mass media, and social networks to falsely reflect reality for personal purposes, improper motives, or to create public opinion to protect illegal interests of the requesting party or make statements affecting national security and public interest.

2. Notaries may not write articles or speak on the press, mass media, in public places, or use social networks to fabricate false information, attack, denigrate, or cause division and internal discord within the notary profession organization, notary office, thereby affecting the honor and reputation of notaries and the notary profession.

Article 16. Relations with Other Agencies, Organizations, and Individuals

Notaries must comply with the provisions of the law, maintain courteous attitudes, and respect other agencies, organizations, and individuals during the performance of their duties and work-related contacts.

 

Chapter V

INSPECTION, SUPERVISION, REWARD, AND DISCIPLINARY ACTION FOR VIOLATIONS

 

Article 17. Inspection and Supervision of Compliance with the Code of Professional Ethics for Notaries

1. The Director of the Department of Legal Aid, within the scope of their assigned functions and responsibilities, has the duty to organize inspections, supervision, handling, and recommending handling of violations in the implementation of the Code of Professional Ethics for Notaries nationwide.

2. The Director of the Department of Justice of the province or centrally administered city has the duty to inspect, supervise, handle, and recommend handling of violations in the implementation of the Code of Professional Ethics for Notaries within their jurisdiction.

3. The notary profession organization has the responsibility to monitor the implementation of the Code of Professional Ethics for Notaries by its members.

4. The Notary Office has the responsibility to monitor the implementation of the Code of Professional Ethics for Notaries by notaries under its management.

Article 18. Rewards and Handling of Violations

1. A Notary Public who sets a good example in implementing the Code of Professional Ethics for Notary Publics shall be recognized and honored by the State and society.

2. A Notary Public who fails to properly implement the Code of Professional Ethics for Notary Publics shall, depending on the nature and severity of the violation, be warned, criticized, reprimanded, disciplined according to the internal regulations and rules of the Notary Public Office, and the charter of the Notary Public social-professional organization (if any); subject to administrative penalties; in cases of serious violations, they may be relieved of their position or criminally prosecuted in accordance with the provisions of the law./.