Circular No. 11/2012/TT-BTP Issuing the Code of Ethics for Notarization Practice

Issuing Rules of Professional Ethics for Notarization Services

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BASED ON THE Notary Law number 82/2006/QH11 dated November 29, 2006;

Pursuant to Decree No. 02/2008/NĐ-CP dated January 4, 2008 of the Government detailing and guiding the implementation of certain provisions of the Notarization Law;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Legal Aid Department;

The Minister of Justice issues this Circular on the Rules of Professional Ethics for Notarization Services,

ETHICAL RULES

FOR NOTARIZATION SERVICES PRACTICE

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(Issued together with Circular No. 11/2012/TT-BTP dated October 30, 2012 of the Minister of Justice)

Foreword

Notarization is a noble profession, as notarization activities ensure legal safety, prevent disputes, reduce risks for contracts and transactions, thereby protecting the rights and interests of the State, lawful rights and interests of individuals and organizations.

The Rules of Professional Ethics for Notarization Services set forth ethical standards and conduct behaviors of notaries in their practice, serving as a basis for notaries to voluntarily cultivate and improve their ethics in their practice and social life, enhancing their professional responsibility, raising their reputation, and contributing to honoring the notarization profession in society.

PART I

GENERAL PRINCIPLES

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

Notaries have the duty to be loyal to the country, for the benefit of the people, and through their professional activities contribute to protecting the rights and interests of the State, lawful rights and interests of individuals and organizations in society.

Article 2. Principles of Notarization Practice

Notaries must comply with the following principles:

1. Adhere to the Constitution and laws, not contrary to societal morals.

2. Be objective and truthful when performing notarization, not allowing any reason to affect the quality of notarization or discriminate against those requesting notarization.

3. Be accountable under the law for notarized documents, compensate for damages caused by their own fault if notarization results in damage to those requesting notarization.

4. Comply with the provisions of these Rules of Professional Ethics for Notarization Services and the regulations of professional organizations of notaries.

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

1. Notaries have the responsibility to value and maintain the professional reputation, not engaging in actions that harm personal dignity, professional reputation.

2. Notaries need to behave civilly and courteously in their practice; live a healthy lifestyle to earn the affection, respect, trust, and honor from colleagues, those requesting notarization, and the entire society.

Article 4. Cultivating and improving oneself

Notaries must continuously cultivate their ethics, enhance their professional expertise, actively participate in training courses, and strive to improve the quality of their work and serve those requesting notarization.

 

Chapter II

RELATIONSHIP WITH THOSE REQUESTING NOTARIZATION

Article 5. Professional Responsibility

1. Notaries must be dedicated to their work, utilize their expertise, apply specialized knowledge and professional skills to ensure the highest level of legal safety for contracts and transactions; they are responsible for promptly and timely accepting and resolving notarization requests from individuals and organizations when such requests do not violate legal prohibitions or contravene social morals.

2. Notaries are ready to accept and resolve notarization requests from requesters promptly by being present at the office of the notary practice organization during working hours as prescribed by law.

3. Notaries have the obligation to explain to the requester about their rights, obligations, and the legal consequences arising from the requested notarized contracts and transactions; clearly answer any questions of the requester to ensure that the contracts and transactions align with the intentions of the parties involved; ensure that all parties have a correct understanding of relevant laws and the legal value of the notarized documents before the notary notarizes them.

4. Notaries have the responsibility to provide the requester with related information on the rights, obligations, and professional responsibilities of notaries in the practice of notarization according to the requester's requirements.

Article 6. Confidentiality of Information and Preservation of Notarial Files

1. Notaries are responsible for keeping confidential all information in the notarization request files, notarization files, and all information obtained regarding the content of notarizations during their practice as well as after they cease to be notaries, except where the requester has given written consent or where the law provides otherwise.

2. Notaries are responsible for preserving notarization files during the process of handling notarization requests and transferring complete notarization files for storage as required by law.

3. Notaries are responsible for guiding employees of their notary practice organization not to disclose confidential information about notarizations they know according to the internal regulations and rules of the notary practice organization and legal provisions; simultaneously, clearly explaining their legal responsibilities in cases of disclosing such information.

Article 7. Equal Treatment Among Requesters

Notaries shall not discriminate based on gender, ethnicity, race, religion, nationality, social status, financial capability, or age among requesters who meet the legal conditions to obtain notarization, ensuring equal treatment among requesters.

Article 8. Collection of Notarization Fees and Compensation

Notaries are responsible for collecting notarization fees and compensation accurately and transparently as stipulated and publicly displayed; when collecting fees and compensation, they must record invoices and receipts fully and inform the requester clearly about the amounts collected and the payments due.

Article 9. Matters Not Allowed for Notaries in Relation to Requesters

1. Harassing or causing difficulties for requesters.

2. Receiving or demanding any amount of money or other benefits from requesters beyond the prescribed notarization fees, compensation, and other specified costs.

3. Accepting money or any material benefit from third parties to perform or refrain from performing notarizations leading to consequences that harm the legitimate interests of requesters and related parties.

4. Using information obtained from notarizations to seek personal gain.

5. Performing notarizations in cases where the purpose and content of contracts or transactions violate the law or contravene social morals.

6. Making promises to attract requesters or arbitrarily increasing or reducing notarization fees and compensation compared to the stipulations and agreements.

7. Notarizing contracts or transactions that are related to the interests of notaries and requesters.

8. Colluding or facilitating requesters to infringe upon the rights and legitimate interests of other organizations or individuals.

9. Paying commissions or discounts to requesters or intermediaries.

10. Colluding with requesters or related parties to distort the content of notarized documents and notarized files.

Chapter III

RELATIONSHIPS WITH COLLEAGUES, NOTARY PRACTICE ORGANIZATIONS, PROFESSIONAL ORGANIZATIONS OF NOTARIES, AND OTHER ORGANIZATIONS AND INDIVIDUALS

Article 10. Relations between Notaries with Colleagues, Notary Practice Organizations, and Notary Professional Social Organizations

1. Respect and protect the honor of colleagues; maintain and promote the spirit of solidarity, friendliness, cooperation, and mutual assistance to fulfill tasks.

2. Notaries have the responsibility to monitor each other in their practice, be dedicated and resolute in eliminating wrongful acts in notarization activities based on respecting colleagues, ensuring professional confidentiality, for the sustainable development of the notary profession.

3. When discovering colleagues' mistakes in their practice, notaries have the duty to give frank advice but must not demean the honor and reputation of colleagues and report to responsible persons if it is a violation of the law or harmful to the profession.

4. Adhere to internal regulations and rules of notary practice organizations and notary professional social organizations.

5. Guide and assist new colleagues entering the profession.

6. Participate in professional and social activities organized or initiated by the state, notary practice organizations, and notary professional social organizations aimed at contributing to the common development of the notary profession.

7. Pay membership fees to notary professional social organizations as prescribed.

8. Coordinate with notary practice organizations to purchase professional liability insurance to prepare for resolving risks and occupational accidents.

Article 11. Relations with Notary Practice Trainees

1. Notaries have the obligation to participate in training work for notary practice trainees; raise responsibility, be dedicated in imparting knowledge and professional experience to notary practice trainees.

2. Notary trainers shall not perform the following actions:

a) Discriminate or treat trainees personally who are being trained by themselves.

b) Demand material benefits or money from notary practice trainees.

c) Collude with notary practice trainees to report false or fabricated information about the results of notary practice training.

d) Exploit the status of a notary trainer to force trainees to perform tasks outside the scope of training or engage in unlawful acts against social morals for personal gain.

Article 12. Matters Notaries Shall Not Engage In in Their Relations with Colleagues and Notary Practice Organizations

1. Insult or engage in acts that harm the reputation of colleagues or notary practice organizations.

2. Apply pressure, threaten, or commit acts violating the law and social morals towards colleagues to gain advantages for themselves in their practice.

3. Cooperate with individuals or organizations capable of applying pressure to compel clients seeking notarization to come to their own notary practice organization for notarization for profit purposes.

4. Conduct any form of self-promotion and promotion of their notary practice organization contrary to legal provisions.

5. Engage in brokerage activities, receive or demand commissions when referring clients seeking notarization to colleagues they do not handle.

6. Establish branch offices, representative offices, premises, or transaction locations outside the main office of the notary practice organization.

7. Other unfair competitive practices.

Article 13. Relations with other individuals and organizations

Notaries must comply with the provisions of the law when working with state agencies, other individuals and organizations; they shall maintain courteous attitudes and respect for state officials, other individuals, and organizations when collaborating with notaries during the performance of their duties and in work-related contacts.

Chapter IV

INSPECTION, SUPERVISION, REWARD, AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 14. Inspection and supervision of compliance with the Code of Ethics for Notarial Practice

1. The Director of the Department of Legal Assistance and the Inspector General of the Ministry of Justice, within the scope of their functions and assigned tasks, shall be responsible for organizing inspections, audits, and supervision of compliance with the Code of Ethics for Notarial Practice nationwide.

2. The Directors of Provincial Departments of Justice shall be responsible for inspecting and supervising the implementation of the Code of Ethics for Notarial Practice by notaries and notary organizations within their jurisdictional areas.

3. Professional notary associations shall be responsible for monitoring the implementation of the Code of Ethics for Notarial Practice by notaries within their own organizations.

4. Notary organizations shall be responsible for monitoring the implementation of the Code of Ethics for Notarial Practice by notaries within their own organizations.

Article 15. Rewards and Handling of Violations

1. Notaries who set a good example in implementing the Code of Ethics for Notarial Practice shall be recognized and honored by the State and professional notary associations.

2. Notaries who fail to properly implement the Code of Ethics for Notarial Practice shall, depending on the nature and degree of violation, be subject to warnings, criticism, reprimands, disciplinary actions according to the regulations of the professional notary associations, administrative penalties, or criminal liability as provided by law./.