Decree No. 29/2015/ND-CP provides detailed regulations and guidance on implementing certain provisions of the Notarization Law.

DECREE

Detailed regulations and guidance on implementing certain provisions of the Notarization Law

____________________

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Notarization Law dated June 20, 2014;

At the proposal of the Minister of Justice,

The Government issues a Decree detailing and guiding the implementation of certain provisions of the Notarization Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details and guides the implementation of certain provisions of the Notarization Law concerning the conversion of Notary Offices into Notary Practices; the merger, consolidation, and transfer of Notary Practices; preferential policies for Notary Practices established in areas with difficult socio-economic conditions, particularly extremely difficult conditions; requirements regarding the office premises of Notary Practices; publicizing the acceptance of notarization of agreements on the division of inheritance and declarations of inheritance; professional liability insurance for notaries and social-professional organizations of notaries.

Article 2. Applicability

This Decree applies to notaries, notary practices, social-professional organizations of notaries, persons requesting notarization, and individuals, agencies, and organizations related thereto.

Chapter II

NOTARY PRACTICES

Section 1

CONVERSION OF NOTARY OFFICES INTO NOTARY PRACTICES

Article 3. Objectives and Requirements for the Conversion of Notary Offices

1. Continue to implement the policy of socializing notarization activities.

2. Ensure harmony between the interests of the State and notaries, civil servants, and employees working at Notary Offices undergoing conversion.

3. Implement transparently, democratically, and objectively in accordance with the Notarization Law, this Decree, and relevant legal documents, ensuring the continued maintenance and inheritance of the activities of the converted Notary Office.

4. Implement according to a timeline that aligns with the overall planning for the development of notary practices approved by the Prime Minister.

Article 4. Principles for Converting Notary Offices

1. Notary Practices established from the conversion of Notary Offices must inherit all rights, obligations, and accept all notarization files of the Notary Office being converted.

2. Ensure the treatment and policies for notaries, civil servants, and employees after the Notary Office ceases operations in accordance with laws on civil servants and labor.

3. Notary Practices established from the conversion of Notary Offices must enter into employment contracts with notaries, civil servants, and employees of the Notary Office, except where these individuals do not wish to continue working at the Notary Practice. The content, duration, and conditions of the contract shall be implemented in accordance with this Decree and other relevant legal provisions.

4. Ensure that state-owned assets managed and used by the Notary Office are handled in accordance with the law, preventing loss during the conversion process.

Article 5. Circumstances for Converting Notary Offices

1. Districts that have established the required number of notary practices according to the overall plan for the development of notary practices approved by the Prime Minister, and where the number of Notary Practices exceeds the number of Notary Offices.

2. Districts that have not established the required number of notary practices according to the overall plan for the development of notary practices approved by the Prime Minister, but have at least two Notary Practices operating stably for two years or more since registration for operation.

Article 6. Plan for the Transformation of Notary Offices

1. For provinces and centrally-administered cities with five or more notary offices, the Department of Justice shall take the lead and coordinate with the Department of Finance, the Department of Home Affairs, and the Department of Labor, Invalids, and Social Affairs to develop a plan for transforming notary offices to be submitted to the People's Committee of the province or centrally-administered city (hereinafter referred to as the provincial People's Committee) for approval.

The provincial People's Committee decides on approving the plan for transforming notary offices. In cases where necessary, it shall seek written opinions from the Ministry of Justice before making a decision.

2. The plan for transforming notary offices shall include the following main contents:

a) The necessity of transforming notary offices;

b) The number of notary offices subject to transformation as stipulated in Article 5 of this Decree;

c) The timeline for transforming notary offices;

d) Responsibilities for organizing and implementing the plan.

3. Based on the approved plan for transforming notary offices by the provincial People's Committee, the Department of Justice shall coordinate with the Department of Finance, the Department of Home Affairs, and the Department of Labor, Invalids, and Social Affairs to develop a proposal for transforming each notary office according to the procedures and formalities prescribed in Article 7 of this Decree.

For provinces and centrally-administered cities with fewer than five notary offices, there is no need to develop a plan for transformation but rather to directly develop a proposal for transforming each notary office according to the provisions of Article 7 of this Decree.

Article 7. Proposal for Transforming Notary Offices

1. The Department of Justice shall take the lead and coordinate with the Department of Finance, the Department of Home Affairs, the Department of Labor, Invalids, and Social Affairs, and the professional organizations of notaries (where established) to convene meetings with notaries, staff, and workers currently working at the notary offices proposed for transformation, with the participation of political and socio-political organizations of the notary offices, to assess the organizational structure and activities of the notary offices; consider the wishes and propose policies for notaries, staff, and workers currently working at the notary offices; plans for handling assets of the notary offices and other issues related to the transformation of notary offices.

The content of the meeting must be recorded in minutes.

2. On the basis of the results of the meeting with the notary office proposed for transformation, the Department of Justice shall take the lead and coordinate with the Department of Home Affairs, the Department of Finance, and the Department of Labor, Invalids, and Social Affairs to develop a proposal for transforming the notary office, to be submitted to the provincial People's Committee.

The proposal shall include the following main contents:

a) The necessity of transforming the notary office;

b) The results of surveys and assessments of organizational structure and activities over the past three years of the notary office proposed for transformation;

c) The value of the right to accept the transformation of the notary office.

The value of the right to accept the transformation of the notary office shall be determined based on the assessment of the organizational structure and activities, reputation of the notary office proposed for transformation, and the number of contracts and transactions notarized by the notary office in the past three years. The value of the right to accept the transformation of the notary office does not include the value of the premises, equipment, and other assets owned by the State that the notary office is managing and using;

d) The method of transforming the notary office as stipulated in Article 8 of this Decree;

đ) Proposed solutions for addressing policies and benefits for notaries, staff, and workers; plans for handling assets and other issues of the notary office after transformation;

e) Responsibilities for organizing and implementing the proposal of the Department of Justice, the Department of Home Affairs, the Department of Labor, Invalids, and Social Affairs, and relevant agencies and organizations.

3. Within forty-five days from the date of receipt of the proposal for transforming the notary office, the provincial People's Committee shall issue a Decision to approve the proposal. In cases where necessary, it shall seek written opinions from the Ministry of Justice before making a decision.

4. Within seven working days from the date the provincial People's Committee issues the Decision to approve the proposal for transforming the notary office, the Department of Justice shall notify in writing the notary office proposed for transformation, professional organizations of notaries (where established), about the approved proposal for transformation; in cases where the provincial People's Committee approves the auction method for the right to accept transformation, the proposal shall also be notified to all practicing notary practices in the locality.

Article 8. Method for converting Notary Offices

1. The right to receive the transfer of a Notary Office shall be transferred to the notaries currently working at the Notary Office according to the approved value of the right to receive the transfer of the Notary Office by the People's Committee of the province. All notaries of the Notary Office intended for conversion have the right to participate in receiving the transfer of the Notary Office. The Director of the Notary Office has the responsibility to compile a list of notaries of the Notary Office who wish to receive the transfer of the Notary Office and submit it to the Department of Justice for reporting to the People's Committee of the province for consideration and decision.

2. In cases where the value is significant and there are many other notaries practicing in the area who meet the conditions to participate in the auction for the right to receive the transfer of the Notary Office as stipulated in Article 9 of this Decree and have submitted a request to participate in the auction for the right to receive the transfer of the Notary Office, the right to receive the transfer of the Notary Office shall be organized through an auction. In such cases, the Department of Justice will coordinate with the Department of Finance to submit a request to the People's Committee of the province for consideration and decision on establishing an Auction Committee for the right to receive the transfer of the Notary Office.

If the bidders participating in the auction offer the same price, the notaries currently working at the Notary Office intended for conversion shall be given priority in winning the auction; if there are multiple applications from notaries currently working at the Notary Office intended for conversion offering the highest bid or multiple applications from notaries not working at the Notary Office intended for conversion offering the highest bid, the Auction Committee shall organize a draw to select the winner of the auction.

Article 9. Conditions for participants in the auction for the right to receive the transfer of a Notary Office

1. Participants in the auction for the right to receive the transfer of a Notary Office must be notaries currently practicing in the province where the Notary Office intended for conversion is located, among whom the person expected to become the Director of the Notary Office must have practiced as a notary for two years or more.

Notaries who are currently the Director of a Notary Office or are partners in a Notary Office may not participate in the auction for the right to receive the transfer of a Notary Office.

2. The registration dossier for participation in the auction for the right to receive the transfer of a Notary Office must include at least two notaries and a written commitment from the participating notaries regarding the acceptance and signing of labor contracts with the notaries, staff members, and workers of the Notary Office intended for conversion, ensuring that these individuals can continue their specialized work as they did at the Notary Office intended for conversion.

Article 10. Decision on the Conversion of a Notary Office

1. The People's Committee of the province shall issue a Decision to convert a Notary Office into a Notary Office based on the proposal of the Department of Justice.

2. The converted Notary Office shall carry out procedures for registering its operations in accordance with the Notarization Law. The Notary Office intended for conversion shall continue to operate until the converted Notary Office receives its business registration certificate.

3. Within fifteen days from the date of issuance of the business registration certificate, the converted Notary Office must sign labor contracts with the notaries, staff members, and workers of the Notary Office intended for conversion.

The labor contract between the converted Notary Office and the notaries or staff members of the Notary Office intended for conversion is an indefinite-term contract, except where the parties agree otherwise.

The labor contract between the converted Notary Office and the workers of the Notary Office intended for conversion is the type of contract that the worker had previously concluded with the Notary Office intended for conversion, except where the parties agree otherwise.

Article 11. Regime and policies for notaries, civil servants, and employees of Notary Offices undergoing conversion

1. The settlement of regime and policies for notaries, civil servants, and employees of Notary Offices undergoing conversion shall be carried out in accordance with the provisions of the law on units of public service that cease operations.

2. In cases where notaries of Notary Offices undergoing conversion transfer to practice at Notary Public Offices, their employment contracts with Notary Offices shall be terminated, and they shall be settled according to the provisions of the law.

Notaries and other civil servants who meet the conditions for retirement or resignation shall be settled according to the provisions of the law.

3. In cases where employees of Notary Offices undergoing conversion transfer to work at Notary Public Offices, their labor contracts with Notary Offices shall be terminated, and they shall be settled according to the provisions of the law.

Employees who meet the conditions for retirement or resignation shall be settled according to the provisions of the law.

4. The Department of Home Affairs shall take the lead and coordinate with the Department of Justice, the Department of Finance, and the Department of Labor, Invalids, and Social Affairs to submit to the People's Committee of the province for consideration and decision on the regime and policies for notaries, civil servants, and employees of Notary Offices undergoing conversion as stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 12. Handling of assets of Notary Offices undergoing conversion

1. The handling of assets belonging to the State currently managed and used by Notary Offices shall be carried out in accordance with the provisions of the law on the management and use of State assets.

2. The Department of Finance shall take the lead and coordinate with the Department of Justice to submit to the People's Committee of the province for consideration and decision on the handling of assets as stipulated in Clause 1 of this Article.

Section 2

MERGER, CONSOLIDATION, AND TRANSFER OF NOTARY PUBLIC OFFICES

Article 13. Merger of Notary Public Offices

1. Notary Public Offices merging in accordance with Clause 1 of Article 28 of the Notarization Law shall submit one set of merger files to the Department of Justice where they are registered for operation. The file includes:

a) A merger contract for Notary Public Offices, including the following main contents: Names and addresses of the headquarters of the Notary Public Offices being merged; name and address of the headquarters of the merged Notary Public Office; time of implementation of the merger; plan for transferring assets from the Notary Public Offices being merged to the merged Notary Public Office; plan for using labor at the merged Notary Public Office; matters related to the inheritance of all legitimate rights, obligations, and interests of the Notary Public Offices being merged, and other relevant contents.

Each merged Notary Public Office shall appoint one representative notary to sign the merger contract.

b) Tax declarations and financial reports for the three most recent years, which have been audited, of the Notary Public Offices being merged up to the date of the merger request.

c) Inventory lists of notarized documents and current asset inventory lists of the Notary Public Offices being merged.

d) List of representative notaries and contractual notaries working at the Notary Public Offices being merged.

đ) Decisions allowing establishment and registration certificates of the Notary Public Offices being merged.

2. Within twenty days from the date of receiving complete and valid files as stipulated in Clause 1 of this Article, the Department of Justice shall seek opinions from notary professional organizations (where established) and submit to the People's Committee of the province for consideration and decision on the merger of Notary Public Offices.

3. Within fifteen days from the date of receiving the proposal from the Department of Justice, the People's Committee of the province shall consider and decide on the merger of Notary Public Offices; if rejected, it must notify in writing and specify the reasons.

4. Within fifteen days from the date of receiving the Decision allowing the merger, the merged Notary Public Office must register its operation with the Department of Justice. When registering, it must provide an application for registration, the Decision allowing the merger of Notary Public Offices, proof of office premises, and notary practice registration certificates.

Within ten working days from the date of receiving complete registration files, the Department of Justice shall issue a registration certificate for the merged Notary Public Office, simultaneously removing the names of the Notary Public Offices being merged from the list of registered operations; if rejected, it must notify in writing and specify the reasons.

5. During the merger process, the Notary Public Offices being merged shall continue to operate until the merged Notary Public Office receives a registration certificate from the Department of Justice. The merged Notary Public Office shall inherit all rights, obligations, and ongoing notarization requests from the Notary Public Offices being merged and shall be responsible for storing all notarization files of the Notary Public Offices being merged.

6. The provision of information and publication of the registration content of the merged Notary Public Office shall be carried out in accordance with Articles 25 and 26 of the Notarization Law.

Article 14. Merger of Notary Offices

1. Notary Offices merging in accordance with Clause 2, Article 28 of the Notarization Law shall submit one set of merger files to the Department of Justice where they are registered for operation. The file includes:

a) A merger agreement for Notary Offices, which must include the following main contents: Names and addresses of the headquarters of the Notary Offices being merged; name and address of the headquarters of the Notary Office accepting the merger; time of implementation of the merger; plan for transferring assets from the Notary Offices being merged to the Notary Office accepting the merger; plan for using labor at the Notary Office accepting the merger; succession of all rights, obligations, and legitimate interests of the Notary Offices being merged, and other related contents.

Each Notary Office involved in the merger shall appoint one named notary public to represent and sign the merger agreement.

b) Tax declarations and financial reports for the last three years that have been audited by the Notary Offices up to the date of the merger request;

c) Inventory records of notarized documents and current asset inventory records of the Notary Offices;

d) List of named notary publics and notary publics working under contract at the Notary Offices;

đ) Decisions allowing establishment and registration certificates of the Notary Offices.

2. Within twenty days from the date of receiving complete and valid files as stipulated in Clause 1 of this Article, the Department of Justice shall seek opinions from the notary public social-professional organizations (where such organizations exist) and submit them to the Provincial People's Committee for consideration and decision on allowing the merger of Notary Offices.

3. Within fifteen days from the date of receiving the Department of Justice's proposal, the Provincial People's Committee shall consider and decide on allowing the merger of Notary Offices; in case of refusal, it must notify in writing and specify the reasons.

4. Within fifteen days from the date of receiving the Decision allowing the merger, the Notary Office accepting the merger must implement changes to its registration content according to Article 24 of the Notarization Law. The application file for changing registration content includes: Application form, Decision allowing the merger of Notary Offices, proof of office premises of the Notary Office accepting the merger, and registration certificates of practicing notary publics at the Notary Offices being merged.

5. During the merger process, the Notary Offices being merged continue to operate until the Notary Office accepting the merger has completed changes to its registration content. The Notary Office accepting the merger succeeds all rights, obligations, and ongoing notarization requests from the Notary Offices being merged and is responsible for storing all notarization files of the Notary Offices being merged.

6. The provision of information and publication of registration content of the Notary Office accepting the merger shall be carried out according to Articles 25 and 26 of the Notarization Law.

Article 15. Transfer of Notary Offices

1. Notary Offices wishing to transfer according to Article 29 of the Notarization Law shall submit one set of transfer files to the Department of Justice where they are registered for operation. The file includes:

a) A transfer agreement for Notary Offices, which must include the following main contents: Name, address of the headquarters, list of named notary publics of the Notary Office being transferred; name and appointment decision number of the appointed notary publics accepting the transfer; transfer price, payment method, and handover of the Notary Office being transferred; rights, obligations of both parties, and other related contents.

The transfer agreement for Notary Offices must bear the signatures of the named notary publics representing the named notary publics of the Notary Office being transferred, the accepting notary publics, and must be notarized;

b) Commitment letters from the accepting notary publics regarding the succession of all rights, obligations, acceptance of all ongoing notarization requests, and storage of all files currently stored at the Notary Office being transferred;

c) Inventory records of notarized documents of the Notary Office being transferred;

d) Copies of appointment decisions for the accepting notary publics; proof of having practiced notarization for two years or more for the accepting notary publics expected to become the head of the Notary Office;

đ) Decisions allowing establishment and registration certificates of the Notary Office being transferred;

e) Tax declarations and financial reports for the last three years that have been audited by the Notary Office being transferred.

2. Within twenty days from the date of receiving complete and valid files as stipulated in Clause 1 of this Article, the Department of Justice shall seek opinions from the notary public social-professional organizations (where such organizations exist) and submit them to the Provincial People's Committee for consideration and decision on allowing the transfer of Notary Offices.

Within fifteen days from the date of receiving the Department of Justice's proposal, the Provincial People's Committee shall consider and decide on allowing the transfer of Notary Offices; in case of refusal, it must notify in writing and specify the reasons.

3. The accepting notary publics shall apply to change the registration content of the Notary Office being transferred according to Article 24 of the Notarization Law.

The application file for changing registration content includes: Application form, Decision allowing the transfer of Notary Offices, proof of office premises of the Notary Office being transferred, and registration certificates of the notary publics.

4. During the transfer process, the Notary Office being transferred continues to operate until the Notary Office of the accepting notary publics receives a new registration certificate.

5. The provision of information and publication of registration content of the Notary Office after the transfer shall be carried out according to Articles 25 and 26 of the Notarization Law.

Section 3

SOME PROVISIONS ON INCENTIVE POLICIES FOR NOTARY OFFICES

ESTABLISHED IN AREAS WITH DIFFICULT ECONOMIC AND SOCIAL CONDITIONS,

ESPECIALLY SEVERELY DIFFICULT CONDITIONS, THE HEADQUARTERS OF THE NOTARY PUBLIC OFFICE,

ANNOUNCEMENT OF NOTARIZATION OF DOCUMENTS CONCERNING THE DIVISION OF INHERITANCE,

DOCUMENTS CONCERNING THE ACCEPTANCE OF INHERITANCE

Article 16. Preferential policies for Notary Public Offices established in areas with difficult economic and social conditions, especially severely difficult conditions

1. Notary Public Offices established in areas with difficult economic and social conditions, especially severely difficult conditions shall enjoy the following preferential policies:

a) Enjoy tax benefits according to the laws on corporate income tax;

b) Rent headquarters at discounted prices, be lent headquarters, and receive support in equipment and working tools during the first three years of operation.

2. The People's Committee of the province shall consider and decide on specific measures to support as stipulated in Point b Clause 1 of this Article and other support measures for Notary Public Offices established in areas with difficult economic and social conditions, especially severely difficult conditions.

Article 17. Conditions regarding the headquarters of Notary Public Offices

1. The headquarters of Notary Public Offices must have a specific address, provide workspace for notaries and employees with a minimum area as prescribed by the laws on standards and quotas for office space usage in public institutions, have a place to receive individuals requesting notarization and a place to store notarization files.

2. Notaries establishing Notary Public Offices submit documents proving the headquarters of the Notary Public Office at the time of registering the operation of the Notary Public Office.

3. The Department of Justice is responsible for checking compliance with the conditions regarding the headquarters of Notary Public Offices when registering their operations.

Article 18. Announcement of notarization of documents concerning the division of inheritance and documents concerning the acceptance of inheritance

1. The announcement of notarization of documents concerning the division of inheritance and documents concerning the acceptance of inheritance must be posted for a period of 15 days from the date of posting. The posting shall be carried out by the notary practice organization at the headquarters of the People's Committee of the commune where the deceased last resided; if the last place of residence cannot be determined, it shall be posted at the place of temporary residence with the longest duration of stay.

In cases where the inheritance includes both immovable and movable property or only immovable property, the posting shall be conducted as prescribed in this Clause and at the People's Committee of the commune where the immovable property is located.

In cases where the inheritance consists solely of movable property, if the headquarters of the notary practice organization and the last place of residence or temporary residence with the longest duration of stay of the deceased are not in the same province or centrally-administered city, the notary practice organization may request the People's Committee of the commune where the last place of residence or temporary residence with the longest duration of stay of the deceased is located to carry out the posting.

2. The content of the posting must clearly state the name and surname of the deceased; the name and surname of those who agree to divide or accept the inheritance; the relationship between those who agree to divide or accept the inheritance and the deceased; the list of inherited assets. The posting notice must clearly indicate that if there are complaints or reports about the omission or concealment of heirs; the omission of heirs; the inherited assets not belonging to or being under the control of the deceased, such complaints or reports shall be submitted to the notary practice organization that carried out the posting.

3. The People's Committee of the commune where the posting is made shall be responsible for confirming the posting and preserving the posting during the posting period.

Chapter III

PROFESSIONAL LIABILITY INSURANCE FOR NOTARIES

Article 19. Principles of Participation in Insurance

1. Notary organizations directly purchase insurance or may authorize notary professional associations to purchase professional liability insurance for their notaries.

2. The purchase of professional liability insurance for notaries must be completed no later than sixty days from the date the notary organization registers its practice.

3. The funds for purchasing professional liability insurance for notaries at a notary office shall be drawn from the development fund or other lawful sources as prescribed by law.

Article 20. Scope of Insurance

1. The scope of insurance includes material losses suffered by parties to contracts or transactions, or by other individuals or organizations directly related to such contracts or transactions that have been notarized, caused by the negligence of the notary within the insurance period.

2. Notary organizations or notary professional associations authorized by notary organizations may negotiate with insurance companies to expand the scope of insurance beyond that specified in Clause 1 of this Article.

Article 21. Conditions for Insurance

An insurance company will pay insurance benefits and compensate for damages when the following conditions are met:

1. The damage falls within the scope of insurance as stipulated in Article 20 of this Decree.

2. It does not fall under any of the following cases:

a) The notary conducts notarization in cases where the purpose and content of the contract, transaction, or translation violate the law or social morals; inciting or facilitating the parties to the contract or transaction to engage in fictitious transactions or other fraudulent acts;

b) The notary notarizes contracts, transactions, or translations involving assets or interests of themselves or close relatives including spouse, parents, parents-in-law, children, adopted children, daughters-in-law, sons-in-law, grandparents, siblings, and grandchildren;

c) The notary colludes or conspires with the party requesting notarization and other related parties to alter the content of the notarized document or notarization file;

d) Other cases agreed upon between the insurance company and the notary organization or the notary professional association authorized by the notary organization.

Article 22. Insurance Premiums

1. The insurance premium is the amount of money that the notary organization must pay to the insurance company when purchasing professional liability insurance for its notaries.

2. The insurance company and the notary organization or the notary professional association authorized by the notary organization shall agree on the insurance premium level, but it must not be less than three million VND per year for each notary.

Chapter IV

PROFESSIONAL ASSOCIATION OF NOTARIES

Section 1

PROFESSIONAL ASSOCIATION OF NOTARIES AT THE PROVINCE LEVEL

Article 23. Notary Association

1. In each province or centrally governed city, a Notary Association shall be established as a provincial-level professional association for practicing notaries according to Clause 1 of Article 39 of the Notarization Law.

The Notary Association operates based on principles of self-management, transparency, non-profit, and financial responsibility in accordance with the Notarization Law, this Decree, and the National Professional Association Charter for Notaries.

The Notary Association has legal personality, its own seal, and separate bank accounts.

2. The establishment and operation of the Notary Association are subject to provincial People's Committee management and guidance from the National Professional Association of Notaries. The Notary Association shall not issue resolutions, decisions, internal regulations, fee provisions, or other rules contrary to the law and the National Professional Association Charter for Notaries.

The Department of Justice takes the lead and coordinates with the Department of Civil Service Management and Supervision to assist the provincial People's Committee in managing the Notary Association's operations locally.

3. Members of the Notary Association are practicing notaries in the locality. Notaries must join the Notary Association before registering to practice notarization in areas where such associations exist.

The rights and obligations of members of the Notary Association are regulated by the National Professional Association Charter for Notaries.

Article 24. Establishment of Notary Associations

1. The Department of Justice shall take the lead and coordinate with the Department of Civil Affairs to guide notaries at local levels in establishing the Formation Committee for Notary Associations. The Formation Committee shall consist of three to five notaries and shall be responsible for drafting the Project on Establishing Notary Associations. The Project shall clearly state the necessity of establishment, the number of practicing notaries in the locality, and the organizational structure, personnel, and activities of the Notary Association.

2. Within thirty days from the date of receiving the Project on Establishing Notary Associations, the Department of Justice shall take the lead and coordinate with the Department of Civil Affairs to review the Project and submit the application dossier for establishing Notary Associations to the provincial People's Committee.

The application dossier for establishing Notary Associations includes the Project on Establishing Notary Associations, the Petition for the Project, and the Review Report on the Project.

3. Within fifteen days from the date of receiving a complete and valid dossier, the provincial People's Committee shall issue a Decision allowing the establishment of Notary Associations; in case of refusal, it must notify in writing and specify the reasons.

Within six months from the date of the Decision allowing establishment, the Formation Committee for Notary Associations must convene the General Assembly. In case the General Assembly is not convened within the time limit stipulated herein, the Decision allowing the establishment of Notary Associations shall cease to be effective.

Article 25. Organs of Notary Associations

1. The General Assembly of all notaries is the highest leading organ of Notary Associations.

2. The Executive Board of Notary Associations is the executive organ of the General Assembly of all notaries, elected by the General Assembly of all notaries.

3. The Reward and Disciplinary Council of Notary Associations is elected by the General Assembly of all notaries during the term of the Executive Board of Notary Associations.

4. Other organs as prescribed in the Statutes of National Professional Organizations of Notaries.

Article 26. Tasks and Powers of Notary Associations

1. To represent and protect the lawful rights and interests of members in their practice according to the Statutes of National Professional Organizations of Notaries and the provisions of law.

2. To admit and expel members; reward and discipline members; resolve complaints and denunciations according to the Statutes of National Professional Organizations of Notaries.

3. To supervise members in complying with the laws on notarization, the Code of Ethics for Notarial Practice, and the Statutes of National Professional Organizations of Notaries.

4. To cooperate with the local Department of Justice in annual professional training for members; to participate in opinions with the Department of Justice regarding the appointment, dismissal of notaries, establishment, merger, consolidation, transfer, cessation of operations of notarial practice organizations according to the Notarization Law, this Decree, and related regulatory legal documents.

5. To implement resolutions, decisions, and regulations of National Professional Organizations of Notaries and competent state management agencies.

6. To comply with inspections and audits by state management agencies and inspections by National Professional Organizations of Notaries.

7. To participate in domestic and international cooperation activities in notarization according to the provisions of law.

8. Other tasks and powers as prescribed by law and the Statutes of National Professional Organizations of Notaries.

Section 2

NATIONAL PROFESSIONAL ORGANIZATIONS OF NOTARIES

Article 27. The Vietnam Notary Association

1. The Vietnam Notary Association is a nationwide social-professional organization of Vietnamese notaries as stipulated in Clause 1, Article 39 of the Notarization Law.

The Vietnam Notary Association operates according to the principle of self-management, transparency, non-profit, and self-responsibility for operational expenses in accordance with the provisions of the Notarization Law and this Decree.

The Vietnam Notary Association has legal personality, its own seal, and separate accounts.

2. The activities of the Vietnam Notary Association are subject to state management by the Ministry of Justice, the Ministry of Home Affairs, and other competent state management agencies as prescribed by law.

3. Members of the Vietnam Notary Association are provincial and municipal notary associations and individual notaries.

The rights and obligations of members of the Vietnam Notary Association are regulated by the Charter of the Vietnam Notary Association.

Article 28. Establishment of the Vietnam Notary Association

The Ministry of Justice shall take the lead and coordinate with the Ministry of Home Affairs and relevant ministries and sectors to draft and submit to the Prime Minister for approval the project on establishing the Vietnam Notary Association, and implement the project after it is approved by the Prime Minister.

Article 29. Organs of the Vietnam Notary Association

1. The National Notary Congress is the highest leadership organ of the Vietnam Notary Association.

2. The National Notary Council is the leadership organ of the Vietnam Notary Association between two National Notary Congresses.

3. The Executive Board of the Vietnam Notary Association is the administrative organ of the Vietnam Notary Association between two sessions of the National Notary Council.

4. Other organs are regulated by the Charter of the Vietnam Notary Association.

5. Specific tasks and powers of the organs prescribed in Clauses 1, 2, 3, and 4 of this Article are regulated by the Charter of the Vietnam Notary Association.

Article 30. Tasks and Powers of the Vietnam Notary Association

1. To represent and protect the legitimate rights and interests of members in accordance with the Charter of the Vietnam Notary Association and the provisions of law.

2. To admit and expel members; reward and discipline members; resolve complaints and denunciations in accordance with the Charter of the Vietnam Notary Association.

3. To promulgate the Code of Professional Ethics for Notaries; supervise members in adhering to the Code of Professional Ethics for Notaries and legal provisions on notarization.

4. To cooperate with the Ministry of Justice in organizing training, capacity building, and internship for notaries in accordance with legal provisions; participate in drafting, disseminating, popularizing, and educating the law.

5. To establish a Compensation Fund within its organization to support compensation for damages caused by members' negligence when performing notarial services where professional liability insurance of members is insufficient; manage the Compensation Fund in accordance with legal provisions.

6. To carry out international cooperation activities in notarization in accordance with legal provisions.

7. To inspect the implementation of the Charter of the Vietnam Notary Association; suspend enforcement and request amendments or revocation of resolutions, decisions, and regulations of notary associations that contravene the Charter of the Vietnam Notary Association; propose competent state agencies to suspend enforcement and request amendments or revocation of resolutions, decisions, and regulations of notary associations that contravene legal provisions.

8. To report to the Ministry of Justice on the organizational plan for the Congress term, personnel plans, and results of the Congress; implement regular reporting systems or other reports as required by the Ministry of Justice.

9. Other tasks and powers as prescribed by law and the Charter of the Vietnam Notary Association.

Article 31. The Charter of the Vietnam Notary Association

1. Based on the provisions of the Notarization Law and this Decree, the National Congress of Notaries shall adopt the Charter of the Vietnam Notary Association.

The Charter of the Vietnam Notary Association shall be uniformly applied to the Vietnam Notary Association and Notary Associations.

2. The Charter of the Vietnam Notary Association includes the following main contents:

a) The objectives, purposes, and symbols of the Vietnam Notary Association;

b) The rights and obligations of members of the Vietnam Notary Association;

c) The relationship between the Vietnam Notary Association and Notary Associations;

d) Procedures for joining and removing names from the membership list of Notary Associations, and excluding membership status;

đ) Terms of office, organizational structure, election procedures, appointment, dismissal, duties, and powers of the bodies of the Vietnam Notary Association and Notary Associations;

e) Coordination relationships among Notary Associations in performing tasks and exercising powers as prescribed;

g) Structure, duties, and powers of the National Congress of Notaries and the General Assembly of Notaries of Notary Associations; procedures for convening congresses of the Vietnam Notary Association and Notary Associations;

h) Issuance of internal regulations by Notary Associations;

i) Financial matters of the Vietnam Notary Association and Notary Associations;

k) Rewards, disciplinary actions against members, and handling complaints and denunciations;

l) Reporting obligations of the Vietnam Notary Association and Notary Associations;

m) Relationships with other agencies and organizations.

3. Within seven working days from the date of approval, the National Council of Notaries shall send the Charter of the Vietnam Notary Association to the Ministry of Justice for review and approval. Within thirty days from the date of receipt of the Charter of the Vietnam Notary Association, the Minister of Justice shall approve the Charter after reaching consensus with the Minister of Home Affairs; in case of refusal, a written notification must be issued stating the reasons.

4. The Charter of the Vietnam Notary Association shall be refused approval in the following cases:

a) Containing content contrary to the Constitution and laws;

b) The process and procedure for adopting the Charter do not ensure legality, democracy, transparency, and openness as prescribed by law.

5. In case the Charter of the Vietnam Notary Association is refused approval, the National Council of Notaries must amend the Charter's content or organize another Congress to adopt the Charter in accordance with the provisions of the law.

Within seven working days from the date of approval of the amended and supplemented Charter, the National Council of Notaries shall send the amended and supplemented Charter to the Ministry of Justice for review and approval. The approval of the amended and supplemented Charter shall be carried out according to the provisions of this Article.

6. The Charter of the Vietnam Notary Association shall take effect from the date of approval.

Chapter V

IMPLEMENTING PROVISIONS

Article 32. Transitional Provisions

1. Notary Associations established and operating before the Notarization Law of 2014 came into force shall continue their operations and perform tasks and exercise powers as stipulated in Clause 1, Article 39 of the Notarization Law of 2014 and this Decree.

2. During the period without the Vietnam Notary Association and its Charter, the Charter of Notary Associations shall continue to be applied until the Charter of the Vietnam Notary Association is approved.

3. Persons participating in the six-month notarization vocational training program as prescribed by the Notarization Law of 2006 at the time the Notarization Law of 2014 came into force shall continue to complete the training program and be recognized as having completed the notarization vocational training. The practice of notarization shall be carried out in accordance with Article 11 of the Notarization Law of 2014.

4. The conditions for the Head of Notary Office prescribed in Clause 2, Article 22 of the Notarization Law of 2014 shall not apply to persons who are currently the Heads of Notary Offices established before the Notarization Law of 2014 came into force.

Article 33. Effective Date

1. This Decree shall take effect from May 1, 2015.

2. Decree No. 04/2013/NĐ-CP dated January 7, 2013 of the Government detailing and guiding the implementation of certain provisions of the Notarization Law No. 82/2006/QH11 dated November 29, 2006 shall cease to be effective from the date this Decree takes effect.

Article 34. Responsibility for Implementation

1. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, and Chairpersons of provincial People's Committees shall be responsible for implementing this Decree.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Justice to prescribe the system of fees for notarization services, certification of copies from originals, certification of signatures on documents, examination and appointment fees for notaries, license fees for Notary Practice Cards, registration fees for the operation of notary practices, and guide the implementation of regulations on professional liability insurance for notaries in accordance with the laws on commercial insurance and this Decree.

3. After the deadline specified in Clause 1 and Clause 3, Article 79 of the Notarization Law of 2014 regarding the conversion of notary offices established by individual notaries and the purchase of professional liability insurance for notaries of notary offices, the provincial People's Committee shall be responsible for reviewing and reporting to the Ministry of Justice for consolidation and reporting to the Government.

4. The Minister of Justice shall be responsible for guiding the implementation of this Decree./.