Chapter IV of the Law on Notarization stipulates on notary practice, including the forms of notary practice of notaries (civil servants at Notary Offices, general partners or Directors of Notary Offices, and those who sign labor contracts), issuance of notary licenses, professional liability insurance, and compensation for damages in cases of violation of the rights of parties requesting notarization.
Scope of application
Notaries and organizations practicing notary services
Key points
- Forms of notary practice of notaries: civil servants at Notary Offices, general partners or Directors of Notary Offices, and those who sign labor contracts with organizations practicing notary services.
- Notary license: issuance, reissuance, and revocation of notary licenses.
- Professional liability insurance for notaries is mandatory and purchased by organizations practicing notary services for notaries within their organization.
- Compensation for damages in cases of violation of the rights of parties requesting notarization.
- Notaries must keep confidential the contents of notarizations unless they have written consent or as provided by law.
🌐 Social impact of this document
- Protecting the legitimate rights and interests of individuals and organizations in conducting civil transactions.
- Strengthening state management over notary practice.
- Ensuring that notary activities comply with legal regulations.
❓ Frequently asked questions
Must notaries be required to purchase professional liability insurance?
Professional liability insurance for notaries is a mandatory type of insurance and is purchased by organizations practicing notary services for notaries within their organization.
In what circumstances is a notary license revoked?
A notary license is revoked when the notary no longer practices at the organization practicing notary services where the license was issued, the organization practicing notary services is dissolved, ceases operations, or changes its name.
Full text
LAW
NOTARIZATION
On the basis of the Constitution of the Socialist Republic of Vietnam;
The National Assembly enacts the Notarization Law.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law stipulates notaries, notary practice organizations, notarization practices, notarization procedures, and state management over notarization.
Article 2. Interpretation of Terms
In this Law, the following terms shall be understood as follows:
Diplomatic missions and consular offices of the Socialist Republic of Vietnam abroad may notarize transactions as prescribed in Article 73 of this Law.
3. Party requesting notarization is an individual or organization within the country or an individual or organization from abroad participating in a transaction that requests notarization according to this Law.
4. Notarized document is a transaction in writing that has been notarized as prescribed by this Law.
5. Notarization practice is the act of a notary of one notary practice organization performing notarization as prescribed by this Law and other related laws.
1. A transaction required to be notarized is an important transaction requiring a high level of legal security and is prescribed by law or delegated by law to the Government to be notarized.
2. The Ministry of Justice is responsible for reviewing, updating, and posting transactions required to be notarized and certified on the Ministry's electronic portal.
Article 4. Social Function of Notaries
Notaries provide public services commissioned by the State to ensure legal safety for parties involved in transactions; prevent disputes; contribute to protecting the legitimate rights and interests of individuals and organizations; stabilize and develop the economy and society.
Article 5. Principles of Notarization Practice
1. Compliance with the Constitution and laws.
2. Objectivity and honesty.
3. Compliance with the Code of Ethics for Notarization Practice.
4. Accountability under the law for notarization practice.
Article 6. Effectiveness and Legal Value of Notarized Documents
1. A notarized document becomes effective from the time it is signed by the notary and stamped by the notary practice organization; in the case of an electronic notarized document, its effectiveness is governed by Clause 2 of Article 64 of this Law.
2. A notarized document is enforceable against the relevant parties and serves as a basis for the parties involved in the transaction to request competent state authorities to handle related procedures for the notarized transaction.
3. A notarized document has evidentiary value; facts and events in a notarized document need not be proven unless declared void by a court.
Article 7. Languages Used in Notarization
The language used in notarization is Vietnamese; in cases where the party requesting notarization uses a language other than Vietnamese or a language of a person with disabilities, it must be translated into Vietnamese.
Article 8. State Management Responsibilities for Notarization
1. The Government shall uniformly manage state affairs concerning notarization.
2. The Ministry of Justice shall be responsible to the Government for implementing state management of notarization nationwide.
3. Ministries and agencies at the ministerial level, within their respective functions, tasks, and authorities, shall have the responsibility to coordinate with the Ministry of Justice in implementing state management of notarization.
Article 9. Prohibited Acts
1. It is strictly prohibited for notaries to engage in the following acts:
a) Disclosing information about the content of notarization, except when the person requesting notarization consents in writing or where otherwise provided by law; using information about the content of notarization to infringe upon the legitimate rights and interests of individuals and organizations, as well as the rights and interests of the State;
b) Conducting notarization in cases where the purpose, subject, or content of the transaction violates the law or social morals; inciting or creating conditions for transaction participants to carry out fictitious transactions or other fraudulent acts;
c) Notarizing transactions related to assets or interests of themselves or close relatives such as spouse, biological parents, adoptive parents, biological parents or adoptive parents of the spouse, biological children, adopted children, daughters-in-law, sons-in-law, paternal grandparents, maternal grandparents, brothers, sisters, brothers or sisters of the spouse, grandchildren who are children of biological or adopted children;
d) Harassing or causing difficulties for persons requesting notarization; receiving or demanding money or other benefits from persons requesting notarization beyond the notary fee, fees, service charges related to the notarization request, and other costs already determined and agreed upon; receiving or demanding money or other benefits from third parties to perform or refrain from performing notarization;
đ) Forcing individuals or organizations to use their services; colluding or conspiring with individuals or organizations to distort the content of notarization requests or notarization files;
e) Providing money or other benefits, exerting pressure, threatening, or engaging in illegal acts or acts contrary to social morals to gain an advantage in notarization;
g) Advertising on mass media about notaries and notary practices;
h) Simultaneously practicing in two or more notary practices; simultaneously being a bailiff, lawyer, auctioneer, trustee, legal advisor, or price appraiser; working under employment contracts or labor contracts at enterprises, cooperatives, cooperative unions, agencies, or other organizations, or participating in work that requires regular daytime office hours;
i) Managing businesses, cooperatives, cooperative unions outside of notary practices; engaging in brokerage, agency activities, or sharing profits in transactions they notarize; conducting production, business, or service provision activities outside the scope of notarization and certification activities;
k) Allowing others to use their appointment decision as a notary, notary card;
l) Investing entirely or contributing capital with other notaries to establish, acquire the entire equity share of all general partners of a notary office organized and operating as a partnership without joining as a general partner in that notary office; contributing capital, accepting contributions, cooperating with organizations or individuals who are not notaries to establish, acquire the entire equity share of all general partners of a notary office organized and operating as a partnership; investing to establish or purchase a notary office organized and operating as a sole proprietorship without serving as the head of that notary office.
2. It is strictly prohibited for notary practices to engage in the following acts:
a) Engaging in the acts specified in points a, b, d, đ, e, g, i, and l of Clause 1 of this Article;
b) Opening branches, representative offices, premises, or other transaction locations outside the main office of the notary practice;
c) Allowing individuals who do not meet the qualifications for notary practice or notaries whose practice has been temporarily suspended to conduct notarization or certification at their organization;
d) Allowing notaries to conduct notarization or certification at their organization when the notary practice has had its establishment permit revoked.
3. It is strictly prohibited for individuals or organizations to engage in the following acts:
a) Impersonating notaries, persons requesting notarization, witnesses, or interpreters;
b) Providing false information or documents; disclosing or using information obtained during notarization activities as stipulated in point a of Clause 1 of this Article; using forged or tampered documents to request notarization or to propose the appointment or reappointment of a notary;
c) Engaging in fraudulent or dishonest behavior during the process of requesting notarization, witnessing, or interpreting;
d) Obstructing notarization activities; refusing to provide information or documents required for notarization in violation of the law; refusing to perform legal procedures related to notarized transactions without legal grounds;
đ) Individuals who are not notaries, organizations that are not notary practices engaging in the following acts: investing entirely, contributing capital, accepting contributions, collaborating, or sharing profits in notarization activities; providing notarization services; naming organizations, enterprises, cooperatives, cooperative unions, hanging signs, or advertising in a manner that provides notarization services or misleading service content regarding notarization services.
Chapter II
NOTARIES
Article 10. Criteria for appointing notaries
Those who meet the following criteria shall be considered for appointment as notaries:
1. Being a Vietnamese citizen not over 70 years old;
2. Residing permanently in Vietnam, abiding by the Constitution and laws, having good moral character, and ensuring health to practice notary services;
3. Holding a bachelor's degree in law, a master's degree in law, or a doctorate in law;
4. Having at least three years of work experience in legal fields at agencies or organizations after obtaining a bachelor's degree in law, a master's degree in law, or a doctorate in law;
5. Completing a notary profession training course;
6. Meeting the requirements of the notary profession internship examination.
Article 11. Notary Profession Training
1. Individuals holding a bachelor's degree in law, a master's degree in law, or a doctorate in law may register to attend a notary profession training course at a notary profession training institution.
2. The duration of the notary profession training course is twelve months, except in cases stipulated in Clause 3 of this Article.
3. The following individuals have a six-month training period:
b) Notaries public, lawyers, auctioneers who have practiced their professions for at least five years;
c) Professors and associate professors specializing in law; holders of doctorates in law;
4. Individuals completing the notary profession training program will be issued a certificate of completion by the notary profession training institution.
5. The Government shall specify regulations on notary profession training institutions.
Article 12. Notary Profession Internship
1. Individuals with a certificate of completion from a notary profession training course shall contact a notary practice organization as specified in Clause 2 of this Article to undertake a notary profession internship; if unable to secure an internship, they may request the Department of Justice to arrange an internship. The intern must register for the internship with the Department of Justice in the locality where the notary practice organization accepting the internship is located. The duration of the notary profession internship is twelve months, calculated from the date the registration decision becomes effective.
2. Notary practice organizations accepting interns must have qualified notaries to guide the internship as specified in Clause 3 of this Article and must have facilities to ensure the internship.
3. Notaries assigned to guide interns must have at least two years of experience practicing notary services. Notaries who have been disciplined or administratively punished for violations during notary practice activities cannot guide internships until twelve months after completing the disciplinary or administrative punishment decision. If a guiding notary is disciplined or administratively punished during the internship period, suspended from notary practice, dies, or is declared dead or missing by a court, the notary practice organization must assign another qualified notary to continue guiding the internship; if there is no such notary, the notary practice organization must report to the Department of Justice to designate another notary practice organization to accept the intern.
At any given time, one notary can only guide a maximum of two interns. The guiding notary must provide guidance and be responsible for the tasks performed by the intern according to their instructions.
4. Notary practice interns must ensure attendance during the working hours of the notary practice organization accepting the internship; they must be guided on professional skills and perform tasks related to notarization and certification as assigned by the guiding notary and be accountable to the guiding notary for these tasks.
5. Individuals who complete the internship may register to participate in the examination of the internship results; if they meet the examination requirements, they will be issued a certificate of internship result examination.
The certificate of internship result examination does not have an expiration date, except that if within five years from the date of issuance of the certificate of internship result examination, the holder does not apply for appointment as a notary, the certificate of internship result examination becomes invalid; individuals with an expired certificate of internship result examination wishing to be appointed as notaries must register to participate in and pass the examination of internship results.
6. The Minister of Justice shall provide detailed regulations on this matter.
Article 13. Appointment of Notaries
2. The Government shall specify the dossier, procedures, and processes for the appointment of notaries.
Article 14. Cases Prohibited from Being Appointed as Notaries
1. A person who does not meet the criteria for appointment as a notary as prescribed in Article 10 of this Law.
2. A person currently being pursued for criminal responsibility; a person who has been convicted of a crime due to negligence and has not yet had their criminal record expunged; a person who has been convicted of a crime due to intent, including cases where they have had their criminal record expunged.
4. A person who has lost or is restricted in civil capacity; a person with difficulty in understanding and controlling their actions.
5. A person currently serving as a civil servant, public official, or employee, except for employees of a Notary Office; currently serving as an officer, non-commissioned officer, soldier, professional military personnel, worker, or employee in an agency or unit under the People's Army; currently serving as an officer, non-commissioned officer, soldier, or worker in an agency or unit under the People's Public Security Force.
6. A person currently serving as a judicial scrivener, lawyer, auctioneer, trustee, legal advisor, or price appraiser, or performing work as specified in Point h Clause 1 of Article 9 of this Law.
7. An official disciplined by dismissal; a civil servant or employee disciplined by forced resignation; an officer, non-commissioned officer, soldier, professional military personnel, worker, or employee in an agency or unit under the People's Army disciplined by revocation of military rank or forced resignation; an officer, non-commissioned officer, soldier, or worker in an agency or unit under the People's Public Security Force disciplined by revocation of Public Security rank or forced resignation.
8. A judicial scrivener, lawyer, auctioneer, trustee, legal advisor, or price appraiser whose license to practice was revoked or withdrawn due to violation of the law and has not yet completed three years from the date the decision on revocation or withdrawal of the license took effect.
Article 15. Suspension of Notarial Practice
1. A notary shall be suspended from practicing notarial activities in the following cases:
a) Being pursued for criminal responsibility;
b) Being subject to administrative measures as stipulated in Clause 3 of Article 14 of this Law.
Within five working days from the date of receiving the decision on pursuing criminal responsibility or the decision on applying administrative measures against the notary, the Department of Justice that issued the notary's card shall issue a decision to suspend the notary's practice.
2. The maximum period of suspension of notarial practice is twelve months.
3. The suspension of notarial practice may be terminated before the deadline in the following cases:
a) There is a decision to terminate the investigation, terminate the case, or a court judgment that has taken effect declaring the notary innocent;
b) No longer subject to administrative measures. Within five working days from the date of receiving the notary's request accompanied by proof of termination of the suspension of notarial practice, the Department of Justice shall issue a decision to terminate the suspension of notarial practice.
4. The Government shall specify the process of sending and publishing information about decisions to suspend notarial practice and decisions to terminate the suspension of notarial practice.
Article 16. Dismissal of Notary Public
1. A Notary Public may be dismissed at their personal request or when transferred to another job pursuant to the decision of the competent authority. A Notary Public shall be automatically dismissed upon reaching seventy years of age.
2. A Notary Public shall be dismissed in the following cases:
a) No longer meeting the criteria stipulated in Article 10 of this Law, except for the automatic dismissal case specified in Clause 1 of this Article;
b) Belonging to the case stipulated in Clause 4 of Article 14 of this Law;
c) Being recruited, appointed, or transferred to hold one of the positions of work specified in Clause 5 of Article 14 of this Law, except for the case already dismissed according to the provisions of Clause 1 of this Article;
d) Belonging to the case stipulated in point h of Clause 1 of Article 9 of this Law;
đ) Not practicing notarization within twelve months from the date of appointment or reappointment as a Notary Public, or continuously not practicing notarization for twelve months or more, except for the case of not practicing due to being temporarily suspended from practicing notarization as prescribed in Article 15 of this Law, or the notary office being temporarily suspended from operation as prescribed in point b of Clause 1 of Article 32 of this Law;
e) The temporary suspension period for practicing notarization as prescribed in Clause 2 of Article 15 of this Law has expired but the reason for the suspension still exists;
g) Being administratively punished two times or more within twelve months for activities related to practicing notarization; practicing notarization without meeting the conditions for practicing notarization or during the period of being temporarily suspended from practicing notarization;
h) Being disciplined two times or more within twelve months or being disciplined with the requirement to terminate employment;
i) Being convicted by a court judgment that has taken legal effect;
k) Belonging to the case of not meeting the criteria for appointment as a Notary Public at the time of appointment.
Article 17. Reappointment of Notary Public
1. A person who was dismissed as a Notary Public due to being transferred to another job pursuant to the decision of the competent authority may be considered for reappointment as a Notary Public if they meet the criteria stipulated in Clause 1 and Clause 2 of Article 10 of this Law; in the case of being dismissed as a Notary Public based on their personal request, they may be considered for reappointment as a Notary Public if they meet all the criteria stipulated in Article 10 of this Law.
2. A person who was dismissed as a Notary Public according to the provisions of Clause 2 of Article 16 of this Law may be considered for reappointment as a Notary Public if they meet the criteria stipulated in Article 10 of this Law, have exceeded two years since the effective date of the dismissal decision, and the reason for dismissal no longer exists, except for the cases stipulated in Clause 3 of this Article.
3. A person belonging to any of the following cases shall not be reappointed as a Notary Public:
a) Being dismissed as a Notary Public due to being convicted of a crime of negligence without having had the criminal record expunged; or due to being convicted of a crime of intent, including cases where the criminal record has been expunged;
b) Being dismissed as a Notary Public due to practicing notarization without meeting the conditions for practicing notarization or during the period of being temporarily suspended from practicing notarization;
c) Belonging to the case of not being eligible for appointment as a Notary Public as stipulated in Article 14 of this Law at the time of requesting reappointment as a Notary Public.
Article 18. Rights and Obligations of Notaries
1. Notaries have the following rights:
a) To be guaranteed the right to practice notarization;
b) To establish, participate in establishing a Notary Office, join as a partner in a Notary Office, or work under employment contracts for notary practice organizations;
c) To notarize transactions in accordance with this Law and other relevant laws; to certify true copies from original documents, certify signatures on documents, and certify the signatures of translators according to the law on certification;
d) To request individuals, agencies, and organizations related to provide information and documents, and to access and use information from databases in accordance with the law to carry out notarization;
đ) Other rights as prescribed by this Law and other relevant laws;
2. Notaries have the following obligations:
a) To comply with principles of notary practice;
b) To respect and protect the legitimate rights and interests of those requesting notarization;
c) To practice at one notary practice organization; to ensure working hours according to the organization's schedule;
d) To guide those requesting notarization to properly follow notarization procedures and relevant laws; to explain to them their rights, obligations, and legitimate interests, as well as the legal significance and consequences of notarization;
đ) To refuse notarization in cases where transactions violate the law, contravene social morals, and other cases as prescribed by this Law; to clearly explain the reasons for refusing notarization;
e) To keep confidential the contents of notarization, except when authorized in writing by the party requesting notarization or otherwise provided by law;
g) To participate annually in notary business training;
h) To join the Notary Association in the locality where they wish to practice and maintain membership status throughout their notary practice in that locality;
i) To be responsible before the law and the party requesting notarization for the notarial documents they issue;
k) To be responsible before the law for the activities of the Notary Office where they are a partner or owner of a private enterprise;
l) Other obligations as prescribed by this Law and other relevant laws;
Chapter III
NOTARY PRACTICES
1. Notary practice organizations include Notary Rooms and Notary Offices established and operated in accordance with this Law and other relevant laws;
2. The Ministry of Justice is responsible for developing and submitting to the Government for approval strategies for the development of notarization; guiding localities in formulating management and development plans for notary practice organizations;
3. Provincial People's Committees are responsible for issuing management and development plans for notary practice organizations; considering and deciding to transfer certification authority for transactions from District Justice Bureaus, Commune People's Committees to notary practice organizations in districts where such organizations have been developed to meet the notarization needs of individuals and organizations as prescribed by the Government.
Article 20. Notary Public Office
1. The Notary Public Office shall be established by the People's Committee of the province.
2. The Notary Public Office is a public service unit under the Department of Justice, having its own office, seal, and separate account, organized and operating in accordance with this Law, laws on public service units, and meeting the following conditions:
b) Having an office that meets the conditions prescribed by the Government.
3. The legal representative of the Notary Public Office is the Director of the Notary Public Office, appointed, dismissed, or removed from office by the Director of the Department of Justice in accordance with the law. The Director of the Notary Public Office must be a notary who has practiced for at least two years.
4. The name of the Notary Public Office includes the phrase "Notary Public Office" followed by the establishment number and the name of the province or centrally-administered city where the Notary Public Office is established.
5. The seal of the Notary Public Office does not bear the national emblem. The Notary Public Office may engrave and use its seal after receiving the establishment decision. Procedures and documents for requesting the engraving of seals shall be carried out in accordance with the law on seals.
6. Announcing information about the establishment, conversion, or dissolution of the Notary Public Office shall be conducted in accordance with the Government's regulations.
Article 21. Establishment of the Notary Public Office
A new Notary Public Office can only be established in district-level areas where notary offices have not yet been developed to meet the notarization needs of individuals and organizations.
2. Notaries of the Notary Public Office may practice from the date of the establishment decision or when the Notary Public Office supplements additional notaries.
Article 22. Conversion and Dissolution of the Notary Public Office
1. In cases where notary offices have been developed to meet the notarization needs of individuals and organizations, and based on relevant legal provisions, the Department of Justice shall develop a proposal to convert the Notary Public Office into a notary office to be submitted to the provincial People's Committee for consideration and decision.
2. If it is not possible to convert the Notary Public Office into a notary office, the Department of Justice shall develop a proposal to dissolve the Notary Public Office to be submitted to the provincial People's Committee for consideration and decision.
The procedures for dissolving the Notary Public Office shall be carried out in accordance with the law on public service units. The Notary Public Office can only be dissolved after all debts have been settled, all labor contracts have been terminated, and all notarization requests have been completed.
3. The Government shall provide detailed regulations on converting the Notary Public Office into a notary office; establish a timeline for completing the conversion of Notary Public Offices into notary offices and dissolving Notary Public Offices in localities.
Article 23. Notary Office
The Government shall specify the list of administrative units at the district level that can establish Notary Offices operating in the private enterprise form and the procedures for converting the form of Notary Offices in these administrative units.
2. A Notary Office organized and operating in the partnership company form must have two or more general partners and no capital contributors. General partners must be notaries and have equal rights when deciding matters of the Notary Office. The Director of the Notary Office must be a general partner of the Notary Office and have practiced notarization for at least two years.
If a Notary Office is organized and operates in the private enterprise form, the owner of the private enterprise must concurrently serve as the Director of the Notary Office and must be a notary who has practiced notarization for at least two years.
3. The Director of the Notary Office is the legal representative of the Notary Office, responsible for managing and directing its operations; they may not hire others to manage the Notary Office and may not lease it out.
4. The name of the Notary Office shall include the phrase "Notary Office" and a specific name in Vietnamese agreed upon by the general partners of the Notary Office organized and operating in the partnership company form, or chosen by the notary serving as the Director of the Notary Office organized and operating in the private enterprise form, ensuring the following requirements:
a) It shall not use the name of state agencies, people's armed forces units, political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations as the entire or part of the specific name of the Notary Office;
b) It shall not be identical or cause confusion with the name of another practicing Notary Office nationwide;
c) It shall not use language or symbols that violate historical traditions, culture, ethics, and national customs and practices.
5. The Notary Office must have a headquarters meeting the conditions specified by the Government.
The Notary Office shall have its own seal and separate account, operating on a financial self-management basis from fees for notarization, service charges related to notarization, and other lawful sources of income as prescribed by law.
6. The seal of the Notary Office shall not bear the national emblem. The Notary Office may engrave and use its seal after obtaining a registration certificate for operation. Procedures and documents for requesting the engraving of seals shall be carried out in accordance with the law on seals.
Article 24. Establishment of Notary Office
1. Based on the provisions of the law regarding the conditions for establishing a Notary Office, a notary proposing to establish a Notary Office shall prepare a request for establishment and submit it to the Department of Justice at the location where the Notary Office is intended to be established.
2. A notary who falls under any of the following circumstances shall not establish or participate in establishing a new Notary Office:
a) Is currently a civil servant of a Notary Office;
b) Is a general partner of one Notary Office;
c) Is the Director of a Notary Office organized and operating as a private business enterprise;
3. Notary Offices established in areas with difficult socio-economic conditions, particularly difficult conditions, shall enjoy preferential policies on tax according to the provisions of the law on tax and other preferential policies according to the Government's regulations.
4. The Government shall specify the dossier, procedures, and formalities for establishing a Notary Office.
Article 25. Registration of Activities of Notary Office
1. Within ninety days from the date the decision allowing establishment takes effect, the Notary Office must register its activities with the Department of Justice at the local place where the decision was issued.
2. The contents of the registration of activities of the Notary Office include:
a) Name and organizational form of the Notary Office;
b) Address of the main office of the Notary Office;
c) Full name, personal identification number, and appointment decision number of the Director of the Notary Office;
d) Full name, personal identification number, and appointment decision number of the general partners of the Notary Office organized and operating as a partnership company;
đ) List of notaries working under labor contracts of the Notary Office (if any).
3. The Notary Office may operate, and notaries of the Notary Office may practice from the date the Notary Office is granted the activity registration certificate.
4. The Government shall specify the dossier, procedures, and formalities for registering the activities of the Notary Office.
Article 26. Change of Registered Activity Contents of Notary Office
In case of adding general partners or notaries working under labor contracts of the Notary Office, the notary may practice from the date the Notary Office is reissued the activity registration certificate or the change content is recorded in the activity registration certificate of the Notary Office.
The Notary Office can only change the address of the main office within the administrative unit district where the main office is located according to the decision allowing establishment of the provincial People's Committee.
Changing the name of the Notary Office must comply with the requirements stipulated in Clause 4, Article 23 of this Law.
3. If the activity registration certificate of the Notary Office is lost or damaged, a new activity registration certificate shall be issued.
4. The Government shall specify the dossier, procedures, and formalities for changing the registered contents of the Notary Office, issuing a new activity registration certificate of the Notary Office; providing information on the registered contents, changes in registered contents, suspension of operations, termination of operations of the Notary Office; publishing the registered contents and termination of operations of the Notary Office.
Article 27. Termination of the status of a general partner of a notary office
1. A notary shall terminate their status as a general partner of a notary office in the following cases:
a) Voluntarily withdrawing capital from the notary office or transferring their entire share of contributed capital to one or more other general partners of the notary office; transferring the entire share of contributed capital as provided for in Article 30 of this Law;
b) Being subject to a decision to remove them as a notary or falling under the circumstances of automatic removal as a notary as prescribed by this Law;
c) Dying or being declared dead or missing by a court;
d) Being expelled from the notary office.
2. A general partner has the right to withdraw capital from the notary office or transfer their entire share of contributed capital to one or more other general partners of the notary office when at least three-quarters of the total number of general partners of the notary office approve in writing, and the notary office must still have at least two general partners at the time of withdrawal or transfer of contributed capital.
The general partner must notify in writing the other general partners and the Department of Justice where the notary office is registered about the request to withdraw capital at least six months before the date of withdrawal; withdrawal can only occur at the end of the fiscal year and after the financial report of the notary office for that fiscal year has been approved.
The notary office is responsible for notifying in writing the Department of Justice of the completion of the withdrawal of capital or the completion of the transfer of contributed capital by the notary. The status of a general partner of the notary terminates at the time it is recorded by the Department of Justice on the registration certificate of the notary office. In the case where the person withdrawing capital or transferring contributed capital is the Director of the notary office, the status of a general partner of the notary terminates from the time the Department of Justice reissues the registration certificate of the notary office.
3. A general partner who is expelled from the notary office according to the provisions of the Enterprise Law shall be documented and the document regarding the expulsion of the general partner shall be sent to the Department of Justice when requesting changes to the registration content. The status of a general partner of the notary who is expelled terminates at the time it is recorded by the Department of Justice on the registration certificate of the notary office. In the case where the person expelled is the Director of the notary office, the status of a general partner of the notary terminates from the time the Department of Justice reissues the registration certificate of the notary office.
4. The value of the contributed capital share of a general partner in the cases specified in points b, c, and d of Clause 1 of this Article shall be paid to the notary or their heir(s) in proportion to the contributed capital share after deducting the portion of obligations attributable to the responsibility of that notary.
5. If the name of the notary terminating their status as a general partner is used to name the notary office, the notary office must change its name when requesting changes to the registration content of the notary office.
6. Within two years from the date of termination of the status as a general partner as stipulated in points a, b, and d of Clause 1 of this Article, a notary who has terminated their status as a general partner must still jointly and severally be liable with all their assets for debts of the notary office arising during the period they were a general partner of the notary office; after this period, the notary may establish, participate in establishing a new notary office, become a general partner in another notary office, or purchase a notary office organized and operated as a sole proprietorship enterprise.
Article 28. Acceptance of new general partners for Notary Public Office
1. The Notary Public Office has the right to accept new general partners if at least three-quarters of the total number of existing general partners approve.
New general partners must pay the committed capital contribution to the Notary Public Office within fifteen days from the date of approval to become a general partner. After the new general partner pays the full committed capital, the Notary Public Office must submit an application for changes to the registration of activities due to the addition of that general partner.
2. In the event that a general partner of the Notary Public Office dies or is declared dead by the Court, the heir of that general partner may become a general partner of the Notary Public Office if they are a notary and are approved by at least three-quarters of the remaining general partners.
Article 29. Merger and consolidation of Notary Public Offices organized and operating as a partnership
1. Two or more Notary Public Offices with headquarters in the same province or centrally governed city may merge into one new Notary Public Office (hereinafter referred to as the merged Notary Public Office) by transferring all assets, rights, obligations, and legitimate interests to the merged Notary Public Office, while simultaneously ceasing operations of the merged Notary Public Offices.
One or more Notary Public Offices may consolidate into another Notary Public Office with headquarters in the same province or centrally governed city by transferring all assets, rights, obligations, and legitimate interests to the consolidating Notary Public Office, while simultaneously ceasing operations of the consolidated Notary Public Office.
2. The provincial People's Committee shall examine and decide on allowing the merger and consolidation of Notary Public Offices.
3. The Government shall stipulate the dossier, procedures, and formalities for the merger and consolidation of Notary Public Offices.
Article 30. Transfer of the entire capital contribution of all general partners of the Notary Public Office
1. After the Notary Public Office has been operational for at least two years, all general partners of the Notary Public Office have the right to transfer their entire capital contribution to at least two other notaries who meet the conditions specified in Clause 2 of this Article.
2. The notary receiving the transfer of capital contribution as provided in Clause 1 of this Article must meet the following conditions:
a) Having practiced as a notary for at least two years for those expected to be the Director of the Notary Public Office;
b) If already a general partner notary or Director of a Notary Public Office organized and operating as a sole proprietorship business, having completed the two-year period since the termination of the status as a general partner or since no longer being the Director of a Notary Public Office organized and operating as a sole proprietorship business;
c) Committing to practice as a general partner at the Notary Public Office where they receive the transferred capital contribution.
3. The provincial People's Committee shall examine and decide on allowing the transfer of the entire capital contribution of all general partners of the Notary Public Office.
4. The status of a general partner of a notary who transfers their entire capital contribution ends at the time the Department of Justice reissues the registration certificate for the Notary Public Office.
5. Within two years from the termination of the status as a general partner, a notary who has terminated their status as a general partner remains jointly and severally liable with all their assets for debts of the Notary Public Office incurred during the time they were a general partner of that Notary Public Office; after this period, the notary may establish, participate in establishing a new Notary Public Office, become a general partner in another Notary Public Office, or purchase a Notary Public Office organized and operating as a sole proprietorship business.
6. The Government shall provide detailed regulations for this Article.
Article 31. Sale of Notary Public Office shall be organized and operated under the form of a private enterprise.
1. After the Notary Public Office has been operating for at least two years, the Head of the Notary Public Office organized and operated under the form of a private enterprise has the right to sell their Notary Public Office to another notary public.
2. The notary public purchasing the Notary Public Office pursuant to Clause 1 of this Article must meet the following conditions:
a) Having practiced as a notary public for at least two years;
b) If already a general partner notary or Director of a Notary Public Office organized and operating as a sole proprietorship business, having completed the two-year period since the termination of the status as a general partner or since no longer being the Director of a Notary Public Office organized and operating as a sole proprietorship business;
c) Committing to continue practicing as the Head of the Notary Public Office at the Notary Public Office they will purchase.
3. The People's Committee of the province shall examine and decide on allowing the sale of the Notary Public Office organized and operated under the form of a private enterprise.
4. After selling the Notary Public Office, the Head of the Notary Public Office still bears responsibility for debts and other property obligations of the Notary Public Office arising during the period before the transfer of the Notary Public Office, except in cases where the Head of the Notary Public Office, the buyer, and the creditor have agreed otherwise.
5. Two years from the date of sale of the Notary Public Office as prescribed in this Article, the notary public who sold the Notary Public Office may establish a new Notary Public Office, participate in establishing a new Notary Public Office, join a partnership in another Notary Public Office, or purchase a Notary Public Office organized and operated under the form of a private enterprise.
6. The Government shall provide detailed regulations for this Article.
Article 32. Suspension of Operation of Notary Public Office
1. The Notary Public Office suspends operation in the following cases:
a) All notaries public of the Notary Public Office are temporarily suspended from practicing as notaries public;
b) Unable to operate due to force majeure or objective impediments as provided for in the Civil Code.
2. The duration of suspension of operation of the Notary Public Office is defined as follows:
a) In the case prescribed in point a of Clause 1 of this Article, it is a maximum of twelve months;
b) In the case prescribed in point b of Clause 1 of this Article, it is the duration of the occurrence of force majeure or objective impediments.
3. Within fifteen days from the date the Notary Public Office falls under the circumstances prescribed in Clause 1 of this Article, the Department of Justice where the Notary Public Office is registered for operation shall issue a decision to suspend the operation of the Notary Public Office. Within fifteen days from the date the reason for suspension no longer exists, the Department of Justice shall issue a decision to terminate the suspension of operation of the Notary Public Office.
The Notary Public Office suspending operation in accordance with Clause 1 of this Article shall be responsible for transferring notarized documents' files when there is a request to correct technical errors in notarized documents, amend, supplement, terminate, revoke transactions, provide copies of notarized documents, and notarize mortgage contracts as stipulated in Clause 2 of Article 56 of this Law to the organization practicing notarization designated by the Department of Justice to receive and process such files; the Department of Justice shall take the lead and coordinate with the Association of Notaries and relevant agencies and organizations to carry out the transfer of notarized documents' files. Upon completion of the suspension period, these notarized documents' files shall be returned to the Notary Public Office.
The Minister of Justice shall provide detailed regulations on this matter.
Article 33. Revocation of Decision to Establish Notary Office
1. The decision to establish a notary office shall be revoked in the following cases:
a) The notary office fails to register its operation within the time limit specified in Article 25 of this Law or the content of the registration does not conform to the establishment proposal approved by the provincial People's Committee;
b) The information provided in the establishment proposal for the notary office is false;
c) Six months from the date of issuance of the registration certificate, the notary office has not commenced operations;
d) The notary office ceases operations continuously for three months or more, except in cases of temporary suspension of operations as stipulated in Article 32 of this Law;
đ) A partnership-type notary office that only has one remaining general partner, except in cases provided for in Clause 2 of this Article;
e) All general partners or notaries-in-chief of a sole proprietorship-type notary office are relieved of their duties, die, are declared dead by the court, or are prohibited from practicing notarization by the court;
g) The notary office fails to maintain the conditions for operation as prescribed by this Law and the detailed regulations of this Law;
h) The notary office fails to maintain the conditions regarding notaries and office premises as stated in the establishment proposal approved by the provincial People's Committee and the registration certificate issued by the Department of Justice for at least one year from the date of issuance of the registration certificate, except in cases provided for in point g of this clause;
i) The notary office is established, participates in establishment, or takes over the entire share contribution of all general partners or purchases a sole proprietorship-type notary office by an organization or individual who is not a notary;
k) After the temporary suspension period specified in Article 32 of this Law, the reasons for the temporary suspension still exist, except in cases of temporary suspension due to force majeure or objective obstacles.
2. In the case where a notary office only has one remaining general partner due to the death, declaration of death by the court, expulsion from the notary office, relief from duty as a notary, or prohibition from practicing notarization by the court of the remaining general partner, the notary office must supplement at least one new general partner within six months from the date it only has one general partner. If the notary office fails to supplement a general partner within this time limit, the decision to establish the notary office will be revoked.
3. The Department of Justice is responsible for inspecting, reviewing, and preparing a report to propose the provincial People's Committee to issue a decision revoking the decision to establish the notary office.
Article 34. Termination of Operations of Notary Office
1. The notary office terminates its operations in the following cases:
a) The notary office requests to terminate its operations;
b) The notary office's establishment decision is revoked;
c) The notary office is merged or absorbed.
2. In the case of termination of operations as stipulated in point a of Clause 1 of this Article, the notary office must submit a written report on the planned termination of operations at least thirty days before the planned termination date to the Department of Justice where it has registered its operations. Before the termination date, the notary office is obligated to pay all outstanding taxes, settle other debts, complete the procedures for terminating labor contracts signed with notaries and employees of the organization, and fulfill the requirements of notarization already accepted. If it cannot complete the requirements of notarization already accepted, it must reach an agreement with the party requesting notarization regarding the implementation of these requirements.
In the case of termination of operations as stipulated in point c of Clause 1 of this Article, the rights and obligations of the notary office continue to be carried out by the notary office that has merged or absorbed it.
The Department of Justice is responsible for revoking the registration certificate of the notary office within seven working days from the date the notary office fulfills its obligations as stipulated in this clause and reports to the provincial People's Committee to revoke the decision to establish the notary office.
3. In the case of termination of operations as stipulated in point b of Clause 1 of this Article, within seven working days from the date of the decision to revoke the establishment decision, the Department of Justice is responsible for revoking the registration certificate of the notary office.
Within sixty days from the date of revocation of the establishment decision, the notary office is obligated to pay all outstanding taxes, settle other debts, complete the procedures for terminating labor contracts signed with notaries and employees of the organization; for notarization requests received but not yet processed, the notary office must return the request files to the party requesting notarization. If the notary office fails to complete its financial obligations within this time limit or if the notary office terminates operations due to revocation of the establishment decision because all general partners of a partnership-type notary office or the notary-in-chief of a sole proprietorship-type notary office have died or been declared dead by the court, the assets of the notary office, of the general partners, and of the sole proprietor shall be used to settle the debts of the notary office according to civil law and other relevant laws.
4. After the expiration of two years from the date on which the decision to revoke the registration for operation of the Notary Office becomes effective, the general partners of the Notary Office, the Head of the Notary Office of the Notary Office organized and operating under the form of a private enterprise, newly established or participating in the establishment of a new Notary Office, becoming a partner in another Notary Office, or purchasing a Notary Office organized and operating under the form of a private enterprise, shall cease operations according to the provisions of points a and b of Clause 1 of this Article.
5. The Government shall provide detailed regulations on this matter.
Article 35. Rights of Notary Practice Organizations
1. Enter into employment contracts, labor contracts with notaries specified in points a and c of Clause 1 of Article 37 of this Law and other workers employed by their organization.
2. Charge notarization fees, fees, service charges related to notarization, and other costs as prescribed by this Law and other relevant laws.
3. Provide notarization services outside the working days and hours of administrative agencies to meet the notarization needs of individuals and organizations.
4. Exploit and utilize information from the notarization database, the National Population Database, and other related databases as prescribed by law to serve notarization activities.
5. Other rights as prescribed by this Law and other relevant laws.
Article 36. Obligations of Notary Practice Organizations
1. Monitor and ensure that notaries practicing at their organization comply with notarization procedures as prescribed by law, adhere to the Code of Ethics for Notary Practice, the Charter of the Vietnam Notary Association, and implement decisions of competent state authorities.
2. Comply with regulations on labor, tax, finance, and statistics.
3. Implement work schedules according to the working days and hours of administrative agencies and ensure that notaries and staff of their organization comply with the organization's working day and hour regulations.
4. Post the work schedule, notarization procedures, internal rules for receiving notarization requests, notarization fees, fees, service charges related to notarization, and other costs at their organization's headquarters; report to the Department of Justice for approval and post the list of translation collaborators of their organization.
5. Purchase professional liability insurance for notaries of their organization as prescribed in Article 39 of this Law; compensate damages as prescribed in Article 40 of this Law.
6. Accept, manage, and facilitate conditions for trainees practicing notarization during their training period at their organization.
7. Create favorable conditions for notaries of their organization in practicing notarization and participating in annual professional training.
8. Fulfill requirements of competent state authorities regarding reporting, inspection, auditing, and providing information about notarized transactions; certified documents and materials.
9. Maintain ledgers of notarization requests, notarization records, and other types of ledgers, and store notarization files as prescribed by law.
10. Provide information for inclusion in the notarization database as prescribed in Article 66 of this Law.
11. Keep confidential the contents of notarization, except where the person requesting notarization consents in writing or where otherwise provided by law.
12. Use seals at the headquarters of the notary practice organization and comply with legal regulations on seal management and use.
13. Accept notarization files designated by the Department of Justice as prescribed in Article 68 of this Law.
14. Other obligations as prescribed by this Law and other relevant laws.
Chapter IV
NOTARY PRACTICE
Article 37. Forms of Practice for Notaries
1. The forms of practice for notaries include:
a) Notary as a civil servant of a Notary Office;
b) Notary as a general partner of a Notary Firm organized and operating under the form of a partnership or a Notary Firm Director organized and operating under the form of a sole proprietorship business;
c) Notary working under a labor contract at a Notary Office or a Notary Firm.
2. The recruitment, management, and utilization of notaries as stipulated in point a, Clause 1 of this Article shall be carried out in accordance with this Law and the laws on civil servants.
The practice of notaries as stipulated in point b, Clause 1 of this Article shall be carried out in accordance with this Law and the laws on businesses.
The signing and implementation of labor contracts with notaries as stipulated in point c, Clause 1 of this Article shall be carried out in accordance with this Law, the laws on labor, and the laws on public service units.
Article 38. Notary Card
1. Notaries must present their notary card when practicing notarization.
2. The Department of Justice shall issue a notary card to notaries of a Notary Office after the decision to establish the Notary Office has been made or when the Notary Office supplements notaries.
The Department of Justice shall issue a notary card to notaries of a Notary Firm when issuing, reissuing, or changing the registration content of the Notary Firm for cases where the Notary Firm supplements notaries.
3. A notary card shall be reissued in cases where the previously issued card is lost, damaged, or the practicing organization changes its name.
4. A notary card shall be revoked in cases where the notary is relieved of duty, the notary no longer practices at the organization that issued the card, the practicing organization is dissolved, ceases operations, or changes its name.
5. The Minister of Justice shall specify in detail the model of the notary card, the issuance, reissuance, and revocation of the notary card.
Article 39. Professional Liability Insurance for Notaries
1. Professional liability insurance for notaries is a mandatory type of insurance.
2. Practicing organizations have the obligation to purchase professional liability insurance for notaries practicing at their organization. The purchase of professional liability insurance for notaries must be maintained throughout the operation period of the practicing organization.
At the latest within ten working days from the date of purchasing insurance or from the date of changing, extending the insurance contract, the practicing organization has the responsibility to notify and send copies of the insurance contract, the contract for changing, extending the professional liability insurance contract of notaries to the Department of Justice.
3. The Government shall specify in detail the conditions, rules of insurance, premium rates, and minimum insurance amount for professional liability insurance for notaries.
Article 40. Compensation for Damages in Notarial Activities
1. Practicing organizations must compensate for damages caused by the fault of notaries or employees of their organization during the notarization process to the person requesting notarization and other individuals or organizations.
In cases where the practicing organization has merged, consolidated, or absorbed another organization, the succeeding practicing organization shall be responsible for compensating for damages; in cases where the practicing organization has been dissolved or ceased operations, the notary or employee directly causing the damage must personally compensate for the damages, even if they are no longer a notary or employee of a practicing organization.
2. Notaries or employees directly causing the damage must reimburse the practicing organization for the amount compensated to the damaged party according to the law, even if they are no longer a notary or employee of a practicing organization; if notaries or employees directly causing the damage do not reimburse, the practicing organization has the right to request the Court to resolve the matter.
Article 41. Social-professional organizations of notaries
1. The social-professional organization of notaries is a self-governing organization representing and protecting the legitimate rights and interests of notaries, including the Vietnam Notary Association and the Notary Associations of provinces and centrally-administered cities.
2. The Vietnam Notary Association promulgates the Code of Professional Ethics for Notarial Practice to be applied nationwide. The Code of Professional Ethics for Notarial Practice must not contravene the provisions of the law and the Charter of the Vietnam Notary Association.
3. The social-professional organizations of notaries have the following duties and powers:
a) Representing and protecting the rights and legitimate interests of notaries in their notarial practice;
b) Conducting annual reviews and evaluations of the quality of the notary workforce; supervising notaries' compliance with the laws on notarization and the Code of Professional Ethics for Notarial Practice;
c) Participating with state agencies in organizing training, internship, and annual professional development for notaries, guiding members in their professional practices;
d) Other duties and powers related to notarial activities as prescribed by this Law and by the Government.
4. The Ministry of Justice shall be responsible for approving the Charter of the Vietnam Notary Association after reaching consensus with the Ministry of Home Affairs; suspending the implementation and requesting amendments to resolutions, decisions, regulations, and the Code of Professional Ethics for Notarial Practice issued by the Vietnam Notary Association if they contravene the provisions of this Law and other relevant laws.
5. The Government shall provide detailed regulations on this matter.
Chapter V
PROCEDURES FOR NOTARIZATION OF TRANSACTIONS
Section 1
GENERAL PROCEDURES FOR NOTARIZATION
Article 42. Notarization of transactions that have been prepared in advance
a) Draft transaction;
b) A copy of the identity card or passport or other identification document of the person requesting notarization as provided by law;
c) A copy of the certificate of ownership or right to use property or court judgment or decision or other decision of a competent authority regarding the handling of property or substitute documents as prescribed by law for property that must be registered under the law when the transaction involves such property;
d) A copy of other documents related to the transaction as required by law.
In cases where the notary practice organization has obtained the information specified in points b, c, and d of this clause from the National Population Database or other databases as prescribed by law, the person requesting notarization does not need to submit these documents but must pay the data extraction fee as prescribed by law for the notary practice organization to extract the data.
2. The notary examines the documents in the application file. If the file is complete and compliant with the law, it will be accepted for processing; if it is rejected, the reasons will be explained directly or in writing to the person requesting notarization.
3. The notary guides and explains to the person requesting notarization about their rights, obligations, and legitimate interests, the legal significance and consequences of participating in the transaction.
4. In cases where there are unclear issues in the application file, signs of coercion or threats in the participation in the transaction, doubts about the civil capacity of the person requesting notarization or the object of the transaction is not clearly described, the notary requests the person requesting notarization to clarify or conducts verification and requests an appraisal at the request of the person requesting notarization; if the person requesting notarization cannot clarify and refuses verification and appraisal or has verified and appraised but still cannot clarify, the notary refuses notarization.
5. The notary checks the draft transaction. If the draft transaction contains clauses violating the law or public morals, or the object of the transaction is inconsistent with the law, the notary must point out to the person requesting notarization for correction; if the person requesting notarization does not correct it, the notary refuses notarization.
6. The person requesting notarization reads the draft transaction again or the notary reads it aloud upon the request of the person requesting notarization.
8. The notary practice organization records the number of the notarized document, stamps it, hands over the original notarized document to the person requesting notarization, registers it in the notarization ledger, and stores the notarization file according to the provisions of Article 68 of this Law and other relevant laws.
Article 43. Notarization of transactions drafted by notaries at the request of the party requesting notarization
1. The party requesting notarization shall submit one set of documents in accordance with points b, c, and d of Clause 1, Article 42 of this Law and state the content and purpose of concluding the transaction.
2. The notary shall perform the tasks stipulated in Clauses 2, 3, and 4 of Article 42 of this Law.
In cases where the content and purpose of concluding the transaction do not violate the law and do not contravene social morals, the notary shall draft the transaction.
Notaries of organizations practicing notarial services may only notarize real estate transactions within the province or centrally-administered city where their organization's office is located, except for notarizing wills, documents declining to accept inheritance, power of attorney related to exercising rights over real estate, agreements establishing property regimes for spouses concerning real estate, and notarizing amendments, supplements, termination, or cancellation of such transactions in accordance with the provisions of the law.
Article 45. Time limit for notarization
1. The time limit for notarization is calculated from the date on which the notary receives a valid notarization request file recorded in the notarization request book until the date of delivering the notarization result. The time spent verifying and appraising the content related to the transaction, and posting the acceptance of notarization of the document dividing the inheritance, is not included in the notarization time limit.
2. The notarization time limit shall not exceed two working days; for transactions with complex content, the notarization time limit may be extended but shall not exceed ten working days. In cases where there are force majeure events, objective obstacles, or reasons attributable to the party requesting notarization that prevent compliance with the time limit specified herein, the party requesting notarization has the right to agree in writing with the organization practicing notarial services on the notarization time limit.
Article 46. Place of Notarization
1. Notarization must be conducted at the office of the organization practicing notarial services, except for the cases stipulated in Clause 2 of this Article.
2. Notarization may be conducted outside the office of the organization practicing notarial services if the party requesting notarization falls under any of the following circumstances:
a) Drafting a will at their place of residence in accordance with the Civil Code;
b) Unable to travel due to health reasons; undergoing inpatient treatment or being quarantined according to medical facility instructions;
c) Under temporary detention, arrest; serving a prison sentence; subject to administrative handling measures;
d) Having other legitimate reasons as prescribed by the Government.
Article 47. Writing Style and Recording of Time in Notarized Documents
1. The handwriting in notarized documents must be clear and legible, without abbreviations or symbols, without interlineation or overwriting, without erasures, and without blanks, except as otherwise provided by law.
2. The notarization time must be recorded specifically with day, month, and year; hours and minutes may be recorded if requested by the party requesting notarization or deemed necessary by the notary. Numerical representations of the notarization time must be recorded both in figures and in words, except as otherwise provided by law.
Article 48. Testimony of Notary Public
1. The testimony of the notary public regarding transactions must clearly state the following contents:
a) Time and place of notarization;
b) Name and surname of the notary public, name of the notary practice organization;
c) Confirmation that the participants in the transaction are fully voluntary, have civil capacity according to the provisions of the law, the purpose and content of the transaction do not violate the law, do not contravene social morals;
d) The signatures and fingerprints in the transaction are indeed those of the person requesting notarization, the signatures and fingerprints of the witness and interpreter when there is a witness or interpreter, and these are signed or fingerprinted before the notary public's witnessing or signed beforehand for the case of registering sample signatures as prescribed in Clause 2, Article 50 of this Law;
đ) The responsibilities of the notary public for the transaction;
e) Information about reasons for notarizing outside the office, witnessing, interpreting in cases of notarizing outside the office or notarizing with a witness or interpreter.
2. The testimony must be signed by the notary public and stamped by the notary practice organization. For electronic notarized documents, the testimony must bear the digital signature of the notary public and the digital signature of the notary practice organization.
3. The notary public shall draft the testimony in accordance with the provisions of Clause 1 of this Article, suitable for each specific transaction; it is not allowed to include contents in the testimony aimed at evading or excluding their own responsibility or containing contents violating the law, contravening social morals.
4. The Minister of Justice shall provide detailed guidelines on the model testimony of the notary public.
Article 49. Person Requesting Notarization, Witness, Interpreter
1. A natural person requesting notarization must have the appropriate civil capacity for the transaction they are performing.
When the person requesting notarization is an organization, the request for notarization is carried out through the legal representative or authorized representative of the organization.
The person requesting notarization must present all necessary documents related to the notarization and bear responsibility for the accuracy and legality of these documents.
2. In cases where the person requesting notarization cannot read, hear, sign, or fingerprint, or in other cases prescribed by law, the notarization must have a witness.
The witness is invited by the person requesting notarization or designated by the notary public if the person requesting notarization cannot invite one; if the notary public cannot designate a witness, they refuse to notarize.
The witness must be a person with full civil capacity, not falling under the circumstances requiring a witness as prescribed in this clause, and having no rights, interests, or obligations related to the notarization.
The witness must directly witness the notarization and bear legal responsibility for their witnessing.
3. In cases where the person requesting notarization does not understand Vietnamese or is visually impaired, hearing impaired, or speech impaired, an interpreter must be present.
The interpreter is invited by the person requesting notarization and must bear legal responsibility for their interpreting.
The interpreter must be a person with full civil capacity, fluent in Vietnamese and the language used by the person requesting notarization, or know the writing of visually impaired persons or understand and speak the language or symbols of hearing and speech impaired persons, and have no rights, interests, or obligations related to the notarization.
The interpreter must accurately and completely translate the content of the transaction and the exchanges between the notary public and the person requesting notarization regarding the legal rights, interests, and obligations of the parties involved in the transaction.
Article 50. Signing and Thumbprint in Notarized Documents
1. The person requesting notarization, witness, and interpreter must sign each page of the transaction in the presence of the notary, except for cases provided for in Clause 2 of this Article and cases where the person requesting notarization cannot sign or thumbprint.
The signing of electronic notarized documents shall be carried out in accordance with the Government's regulations. The signing of notarized documents in the presence of a notary must be photographed and stored in the notarization file.
2. In cases where the authorized person to conclude transactions of credit institutions, enterprises, cooperatives, and cooperative unions has registered their sample signature at the notary practice organization, that person may sign the transaction document beforehand; the notary must compare their signature in the transaction document with the sample signature before conducting the notarization.
The registration of sample signatures shall be conducted directly at the notary practice organization or through an official document bearing the direct signature of the registrant and the stamp of the credit institution, enterprise, cooperative, or cooperative union.
3. Thumbprinting can replace signing in cases where the person requesting notarization, witness, and interpreter cannot sign. When thumbprinting, the person requesting notarization, witness, and interpreter shall use the fingerprint of the right index finger; if the right index finger fingerprint cannot be used, then the left index finger fingerprint shall be used; in cases where neither index finger fingerprint can be used, another finger's fingerprint shall be used, and the notary must clearly record in the statement which finger and hand was used for thumbprinting.
a) Notarizing a will;
b) At the request of the person requesting notarization;
c) The notary deems it necessary to protect the rights of the person requesting notarization.
Article 51. Page Numbering and Seam Sealing in Notarized Documents
1. For notarized documents having two pages or more, each page must be sequentially numbered starting from number 1 on the first page of the transaction and continuing until the last page of the statement.
2. For notarized documents having two sheets or more, they must be seam sealed between the sheets.
3. The numbering of pages and confirmation of the integrity of electronic notarized documents shall be carried out in accordance with the Government's regulations.
Article 52. Technical Error Correction in Notarized Documents
1. A technical error is an error arising from mistakes in recording, typing, or printing the notarized document that does not affect the rights and obligations of the parties involved in the transaction.
2. Technical error correction in notarized documents shall be carried out at the notary practice organization where the notarization was conducted; in cases where the notary practice organization ceases operations, changes, or dissolves, the notary of the notary practice organization storing the notarization file shall carry out the technical error correction. In cases where the notary practice organization temporarily suspends operations, technical error correction in notarized documents shall be carried out in accordance with Clause 4 of Article 32 of this Law.
3. The notary performing technical error correction shall be responsible for comparing each error to be corrected with the documents in the notarization file, marking the place to be corrected, then writing the corrected text, stamp, or number on the margin of the page being corrected, noting the time of technical error correction along with their name, signature, and the stamp of the notary practice organization; in cases where there is insufficient space on the margin to write the technical error correction content, it may be recorded on an attached page containing all the above contents.
The notary is responsible for correcting technical errors in all original copies of the notarized document, except in cases where all original copies cannot be retrieved. Technical error correction must be notified in writing to the parties involved in the transaction within three working days from the completion of the technical error correction.
4. Technical error correction in electronic notarized documents shall be carried out in accordance with the Government's regulations.
Article 53. Notarization of amendment, supplementation, termination, and cancellation of transactions
1. The notarization of documents amending, supplementing, or agreeing to terminate a notarized contract can only be carried out when all parties who signed the contract agree or commit in writing, except where otherwise provided by law.
The notarization of documents amending, supplementing, terminating, or canceling a unilateral legal act can be carried out upon request of the person who signed the document, except where otherwise provided by law.
2. Except for the cases stipulated in Clause 4, Article 58 of this Law, the notarization of documents amending, supplementing, terminating, or canceling a notarized transaction shall be conducted by the notary public of the notary practice organization that previously performed the notarization; if the notary practice organization ceases operations, undergoes a change, or dissolves, then the notary public of the notary practice organization currently storing the notarization file will perform it; in case the notary practice organization temporarily suspends operations, the amendment, supplementation, termination, or cancellation of the notarized transaction shall be carried out according to the provisions of Clause 4, Article 32 of this Law.
3. The procedure for notarizing the amendment, supplementation, termination, or cancellation of a notarized transaction shall be carried out according to the notarization procedures for transactions specified in this Chapter.
Article 54. Persons entitled to request the Court to declare a notarized document invalid
A notary public who has performed the notarization, the person requesting notarization, witnesses, interpreters, persons with vested interests, and competent state agencies have the right to request the Court to declare a notarized document invalid if there is evidence indicating that the notarization violated the law.
Section 2
PROCEDURE FOR NOTARIZING CERTAIN TRANSACTIONS AND DEPOSITING WILLS
Article 55. Principles for implementing notarization procedures
The notarization procedures for real estate mortgage contracts, power of attorney contracts, wills, documents dividing inheritances, and documents renouncing inheritance shall be carried out according to the provisions of Section 1 of this Chapter and the specific provisions of this Section for each type of transaction.
Article 56. Notarization of real estate mortgage contracts
1. The authority to notarize real estate mortgage contracts is governed by the provisions of Article 44 of this Law.
2. In cases where real estate has been mortgaged to secure the performance of obligations and the mortgage contract has been notarized, and subsequently, the real estate is mortgaged again within the limits allowed by law to secure other obligations, subsequent mortgage contracts must be notarized at the notary practice organization that notarized the initial mortgage contract. If the notary practice organization that initially performed the notarization ceases operations, undergoes a change, or dissolves, then the notary public of the notary practice organization currently storing the notarization file will perform the subsequent notarization. If the notary practice organization that initially performed the notarization temporarily suspends operations, the subsequent notarization of the mortgage contract shall be carried out according to the provisions of Clause 4, Article 32 of this Law.
1. In cases where the principal and the agent cannot jointly attend a notary organization, the principal may request a notary public from the chosen notary organization to certify the power of attorney proposal in the power of attorney contract; the agent may request a notary public from the chosen notary organization to certify on the original copy of the power of attorney contract to confirm the acceptance of the power of attorney, complete the notarization of the power of attorney contract, and send one original copy of the notarized document to the notary organization that has already notarized for the principal to keep the notarization file.
The notarized document of the power of attorney contract shall take effect from the time it is signed and stamped by the notary public of the notary organization requested by both the principal and the agent. In case of an electronic notarized document, it must have the digital signature of the notary public and the digital signatures of the notary organizations involved.
2. The notarization of amendments, supplements, and agreements to terminate the power of attorney contract as stipulated in Clause 1 of this Article shall be carried out according to the provisions of Article 53 of this Law. The principal and the agent may agree that the principal requests the notary public from the notary organization that has previously notarized the power of attorney to notarize the amendment, supplement, or agreement to terminate the power of attorney contract. Thereafter, the principal sends the original copy of the amended, supplemented, or terminated power of attorney contract to the agent to request the notary public from the notary organization that has previously notarized the receipt of the power of attorney to continue the notarization of the amendment, supplement, or agreement to terminate the power of attorney contract, and send one original copy of the notarized document to the notary organization that has already notarized for the principal to keep the notarization file.
If both parties request notarization at one of the two notary organizations that have previously performed the notarization, this notary organization shall be responsible for notifying and sending one copy of the amended, supplemented, or terminated power of attorney contract to the remaining notary organization to keep the notarization file.
3. Technical corrections to the notarized document as stipulated in Clause 1 of this Article shall be carried out at the notary organization that has previously performed the notarization, except as otherwise provided by law. The notary public performing technical corrections according to Clause 3 and Clause 4 of Article 52 of this Law shall notify the remaining notary organization that has previously performed the notarization about the technical corrections within three working days from the completion of the technical corrections.
Article 58. Notarization of Wills
1. The testator shall not authorize another person to sign the will but must sign or sign and affix fingerprints on the notarized will. In cases where the testator cannot sign or affix fingerprints, the making of the will must have witnesses as prescribed in Clause 2 of Article 49 of this Law.
2. In cases where the notary public notices signs indicating that the testator has lost civil capacity, is restricted in civil capacity, has difficulties in understanding and controlling behavior, or there are grounds to believe that the making of the will is suspected of fraud, coercion, or compulsion, the notary public shall request the testator to clarify the situation; if clarification is not possible, the notary public shall refuse to notarize the will.
3. In cases where the life of the testator is threatened by death, the testator does not need to present all the documents prescribed in Clause 1 of Article 42 of this Law but must clearly state this in the notarized document.
After three months from the date of making the will as prescribed in this clause, if the testator is no longer in a life-threatening condition, the testator must submit all the documents prescribed in Clause 1 of Article 42 of this Law. If the testator does not submit all the documents prescribed in Clause 1 of Article 42 of this Law, the notarized document of the will shall not be effective.
4. If the will has been notarized but the testator later wishes to amend, supplement, replace, or revoke part or all of the will, they may request a notary public from any notary organization to notarize such actions. If the previous will is being kept by one notary organization, the testator must inform the notary organization keeping the will of the amendment, supplementation, replacement, or revocation of part or all of the will.
Article 59. Notarization of the division of inheritance
1. Legal heirs or testamentary heirs have the right to request notarization of the division of inheritance.
The notary has the responsibility to check and ensure that the division of inheritance is carried out in accordance with the provisions of the Civil Code and other relevant laws.
2. In addition to the documents specified in Clause 1 of Article 42 or Clause 1 of Article 43 of this Law, the application for notarization of the division of inheritance must also include the following documents:
a) Death certificate or other documents prescribed by law proving that the person leaving the inheritance has died;
b) Will in cases of testamentary succession; documents proving the relationship between the person leaving the inheritance and the heir in cases of intestate succession and when the heir does not depend on the content of the will according to the provisions of the Civil Code;
c) Documents proving the right to use land, ownership of property of the person leaving the inheritance in cases where the inheritance is the right to use land or property that must be registered according to the law.
3. The notary checks to determine that the person leaving the inheritance is indeed the person with the right to use land, ownership of property and those requesting notarization are indeed the heirs; if there is any doubt, the notary requests clarification or conducts verification, requests appraisal according to the provisions of Clause 4 of Article 42 of this Law.
4. The organization practicing notarial activities has the responsibility to post the acceptance of notarization of the division of inheritance. The notary may only notarize the division of inheritance after receiving confirmation that the posting has been completed and no complaints or accusations related to the division have been received.
The Government shall provide detailed regulations on the posting procedure for accepting notarization of the division of inheritance as stipulated in this clause.
5. The procedures for notarizing the division of inheritance as provided for in Clauses 2, 3, and 4 of this Article also apply to cases of testamentary succession or intestate succession where there is only one heir.
The document dividing the inheritance that has been notarized serves as the basis for competent state agencies to register the transfer of the right to use land, ownership of property to the heir.
Article 60. Notarization of the refusal to accept inheritance
1. An heir may request notarization of the refusal to accept inheritance according to the provisions of the Civil Code.
2. In addition to the documents specified in Clause 1 of Article 42 or Clause 1 of Article 43 of this Law, the application for notarization of the refusal to accept inheritance must also include the following documents:
a) Death certificate or other documents prescribed by law proving that the person leaving the inheritance has died;
b) Will in cases of testamentary succession; documents proving the relationship between the person leaving the inheritance and the heir in cases of intestate succession and when the heir does not depend on the content of the will according to the provisions of the Civil Code.
Article 61. Deposit and announcement of wills kept
1. A person making a will may request an organization practicing notarial activities to keep their will. When keeping the will, the notary must seal the will in the presence of the person making the will, issue a receipt for depositing the will, and hand it over to the person making the will. The receipt for depositing the will must contain information about the organization practicing notarial activities keeping the will, the notary sealing the will, and the person making the will.
2. For wills deposited with an organization practicing notarial activities but subsequently ceases operations, changes, or dissolves, before ceasing operations, changing, or dissolving, the organization practicing notarial activities must reach an agreement with the person making the will regarding transferring the will to another organization practicing notarial activities for deposit. If there is no agreement or if an agreement cannot be reached, the will and the fee for depositing the will must be returned to the person making the will. If it is impossible to contact the person making the will, the will is transferred to the organization practicing notarial activities that accepts the files of the organization that has ceased operations, changed, or dissolved.
3. The announcement of wills kept at organizations practicing notarial activities shall be carried out in accordance with the regulations of the Government.
Section 3
ELECTRONIC NOTARIZATION
Article 62. Principles and Scope of Electronic Notarization
1. Electronic notarization is the process of notarization carried out using electronic means to create an electronic notarized document, in compliance with the principles stipulated in Article 5 of this Law and the following principles:
a) Ensuring security, safety, protection of data messages, and confidentiality of information in accordance with the provisions of the law; the information within the data message must be accessible and usable for reference purposes;
b) Notaries and organizations practicing notarization may provide electronic notarization services when meeting the conditions specified in Article 63 of this Law.
2. Based on economic and social conditions, needs, and the capacity to provide electronic notarization services during each period, the Government shall specify the scope of transactions that can be electronically notarized.
The Government shall provide detailed regulations for Articles 63 and 64 of this Law.
Article 63. Conditions for Providing Electronic Notarization Services
1. A notary may provide electronic notarization services when meeting the following conditions:
a) Having an account to perform electronic notarization;
b) Possessing a digital signature and utilizing time-stamping services in accordance with the provisions of the law on electronic transactions.
2. An organization practicing notarization may provide electronic notarization services when meeting the following conditions:
a) Having an account to perform electronic notarization;
b) Possessing a digital signature and utilizing time-stamping services in accordance with the provisions of the law on electronic transactions;
c) Having sufficient technical equipment to perform electronic notarization.
Article 64. Electronic Notarized Documents
1. An electronic notarized document is an electronic certificate created in accordance with the principles and scope stipulated in Article 62 of this Law.
2. An electronic notarized document becomes effective from the moment it is signed with a digital signature by the notary and the organization practicing notarization.
3. An electronic notarized document has legal effect as prescribed in Clause 2 and Clause 3 of Article 6 of this Law.
4. The conversion between the form of an electronic notarized document and a paper notarized document shall be carried out in accordance with the provisions of the law on electronic transactions.
An electronic notarized document converted has the same value as the original when meeting the conditions stipulated by the law on electronic transactions, except where the law specifies that such a document is transferred ownership rights and only exists in a single form.
Article 65. Procedures, Formalities, and Documentation for Electronic Notarization
1. Electronic notarization is conducted according to the direct electronic notarization procedure or online electronic notarization and is defined as follows:
a) Direct electronic notarization involves the person requesting notarization concluding a transaction in the presence of a notary; the notary and the organization practicing notarization certify the transaction with a digital signature to create an electronic notarized document;
b) Online electronic notarization involves parties participating in a transaction requesting notarization who are not present at the same location and conclude a transaction through online means in the presence of a notary; the notary and the organization practicing notarization certify the transaction with a digital signature to create an electronic notarized document.
2. The formalities for electronic notarization are implemented in accordance with the provisions of Sections 1 and 2 of this Chapter.
3. The Government shall provide detailed regulations on procedures and formalities for electronic notarization; regulations on documentation for electronic notarization.
Chapter VI
DATABASE OF NOTARIZATION, STORAGE OF NOTARIZATION DOCUMENTS
1. The notarization database includes the notarization database of the Ministry of Justice and the notarization database of localities.
2. The notarization database of the Ministry of Justice includes information on notaries, notary practices organizations, statistics on notarization activities results; information integrated and synchronized from the notarization databases at localities according to the schedule prescribed by the Government.
The Ministry of Justice shall be responsible for building the notarization database of the Ministry of Justice; promulgating regulations on management, updating, exploitation, utilization, and sharing of the notarization database of the Ministry of Justice.
3. The notarization database of localities includes information on the origin of assets, transaction status of assets, information on measures to prevent and warn of risks in notarization activities, information on transactions that have been notarized, notarization documents and related documents in the notarization dossier.
The People's Committee of the province shall be responsible for building the notarization database of localities; promulgating regulations on management, updating, exploitation, utilization, and sharing of the notarization database of localities.
4. The notarization database must be updated sufficiently, accurately, timely, and ensure security and safety in accordance with the provisions of the law. The collection, exploitation, utilization, and provision of information from the notarization database must comply with the provisions of the law on protecting private life, personal privacy, and family privacy.
The connection and sharing of information between the notarization database and national databases, databases of Ministries, sectors, localities, and other databases must ensure efficiency, security, and suitability with functions, tasks, and authorities as prescribed by this Law and other relevant laws.
5. The budget for constructing, managing, operating, maintaining, and upgrading the notarization database shall be sourced from the state budget and other sources in accordance with the provisions of the law.
6. The Government shall provide detailed regulations for this Article.
Article 67. Notarization Dossier
1. The notarization dossier includes: original notarization document; copies of papers submitted by the person requesting notarization and printed information extracted by the notary practice organization from the National Population Database and other databases as prescribed by law; verification and appraisal papers; photographs of the person requesting notarization signing the notarization document in the presence of the notary, except in cases where a sample signature has already been registered with the notary practice organization as prescribed in Clause 2, Article 50 of this Law; other related papers.
2. The notarization dossier must be numbered in chronological order consistent with the record in the notarization book.
Article 68. Storage of Notarization Dossiers
1. The notary practice organization shall be responsible for strictly preserving and implementing sufficient security measures against fire, explosion, moisture, and pests for the notarization dossiers.
2. The notarization dossier must be stored at the headquarters of the notary practice organization for a minimum period of 30 years for transactions involving immovable property, and a minimum of 10 years for other types of transactions from the date the notarization document becomes effective; in cases where storage is outside the headquarters, written consent from the Department of Justice where the notary practice organization is headquartered must be obtained.
4. Seizure and search of the headquarters of the notary practice organization must be carried out in accordance with the law and witnessed by representatives of the Department of Justice and the Notary Association at the locality.
5. In cases where the notary practice organization is dissolved or ceases operations, such organization must agree with another notary practice organization within the same province or centrally-administered city regarding the acceptance of notarization dossiers.
If agreement cannot be reached, the Department of Justice shall designate one Notary Office to accept the notarization dossiers; if there is no Notary Office in the locality, the Department of Justice shall designate one Notary Office meeting the conditions to accept the notarization dossiers; if the notary practice organization being dissolved or ceasing operations is unable to cover the costs of storing the notarization dossiers, these costs shall be covered by the local budget.
If a Notary Office is converted into a Notary Office, the notarization dossiers shall be stored by the converted Notary Office.
6. The Government shall provide detailed regulations on this matter and the storage of electronic notarization dossiers.
Article 69. Issuing Copies of Notarized Documents
1. Issuing copies of notarized documents shall be carried out in the following cases:
a) At the request of competent state agencies as prescribed in Clause 3, Article 68 of this Law;
b) At the request of the parties involved in the transaction, persons with rights and obligations related to the transaction that has been notarized.
Issuing copies of notarized documents at the request of persons with rights and obligations related to the transaction that has been notarized must be agreed upon by the person requesting notarization; in case the person requesting notarization is a deceased individual or declared dead by the Court or a legal entity ceasing operations, it must be agreed upon by the heir for individuals, and by the individual or organization succeeding the rights and obligations of such legal entity.
2. Issuing copies of notarized documents shall be carried out by the notary practice organization currently storing the original notarized document.
3. Issuing copies of notarized documents stored at a temporarily inactive notary practice organization shall be carried out in accordance with Clause 4, Article 32 of this Law.
Chapter VII
FEES FOR NOTARIZATION; FEES AND PRICES OF SERVICES RELATED TO NOTARIZATION AND OTHER COSTS
Article 70. Notarization Fees
1. Notarization fees include transaction notarization fees, fees for retaining wills, and fees for issuing copies of notarized documents. The person requesting transaction notarization, sending wills for retention, and requesting copies of notarized documents must pay notarization fees.
2. The level of collection, payment, use, and management of notarization fees shall be implemented in accordance with the provisions of the law on fees and charges.
Article 71. Fees and Prices of Services Related to Notarization Requests
1. The person requesting notarization must pay fees for accessing and using information related to transactions as prescribed by law, and prices of services related to notarization requests when requesting the notary practice organization to draft transactions, type documents, photocopy, and translate documents related to transactions.
2. The People's Committee of the province shall issue the maximum price for services related to notarization requests applicable to notary practice organizations in the locality. The notary practice organization shall determine service prices for each type of work not exceeding the maximum price set by the People's Committee of the province and publicly display these service prices at their headquarters.
3. The notary practice organization shall have the responsibility to clearly explain to the person requesting notarization about the fees and prices of services related to notarization requests as stipulated in this Article.
Article 72. Other Costs
1. The person requesting notarization must pay costs in the following cases:
a) Requesting verification, requesting appraisal to serve notarization;
b) Requesting notarization outside the office of the notary practice organization; requesting notarization outside the working hours of the notary practice organization;
c) The notary practice organization publicly displays the acceptance of notarizing documents for dividing inheritance.
2. The level of costs shall be agreed upon between the person requesting notarization and the notary practice organization.
3. The notary practice organization shall publicly display the principles for calculating other costs and have the responsibility to clearly explain to the person requesting notarization about specific costs.
Chapter VIII
IMPLEMENTING PROVISIONS
Article 73. Notarization by diplomatic and consular agencies of the Socialist Republic of Vietnam abroad
1. Diplomatic agencies and consular agencies of the Socialist Republic of Vietnam abroad shall notarize wills, documents refusing to accept inheritance, various types of power of attorney documents, and other transactions as prescribed by this Law and laws on consular and diplomatic affairs, except for contracts for the sale, exchange, transfer, gift, lease, mortgage, and contribution of real estate in Vietnam.
2. Consular officers and diplomatic officers assigned to perform notarization must hold a bachelor's, master's, or doctoral degree in law or have been trained in notarization procedures.
3. Consular officers and diplomatic officers performing notarization shall follow the procedures stipulated in Chapter V of this Law and shall have the rights specified in points c, d, and đ of Clause 1 and obligations specified in points a, b, d, đ, e, i, and l of Clause 2 of Article 18 of this Law.
Article 74. Amendment and supplementation of Clause 1 of Article 398 of the Civil Procedure Code No. 92/2015/QH13 which has been amended and supplemented by Laws No. 45/2019/QH14, No. 59/2020/QH14, No. 13/2022/QH15, No. 19/2023/QH15, and No. 34/2024/QH15
Amend and supplement Clause 1 as follows:
"1. A notary who has performed notarization, the person requesting notarization, witnesses, interpreters, persons with vested interests, and competent state authorities have the right to request the court to declare a notarized document void if there is evidence that the notarization violates the law as prescribed by the law on notarization."
Article 75. Effective Date
1. This Law shall take effect from July 1, 2025.
2. The Notarization Law No. 53/2014/QH13 which has been amended and supplemented by Laws No. 28/2018/QH14 and No. 16/2023/QH15 (hereinafter referred to as the Notarization Law No. 53/2014/QH13) shall cease to be effective from the date this Law comes into effect, except for the cases provided for in Clauses 1, 2, 3, 6, 7, 9, 11, 12, and 14 of Article 76 of this Law.
Article 76. Transitional provisions regarding notarization activities from the date this Law comes into effect
1. Persons who have obtained a certificate of completion of notary profession training courses under the Notarization Law No. 53/2014/QH13 before the date this Law comes into effect may register for probationary practice as a notary under this Law.
Persons participating in notary profession training or supplementary training under the Notarization Law No. 53/2014/QH13 and who have not completed their training by the date this Law comes into effect may continue to complete their training according to the Notarization Law No. 53/2014/QH13; registration for probationary practice after obtaining a certificate shall be carried out according to this Law.
2. Persons who have completed the probationary period under the Notarization Law No. 53/2014/QH13 may register to participate in the examination of the results of probationary practice as a notary under this Law.
Persons who have registered for probationary practice or are undergoing probationary practice under the Notarization Law No. 53/2014/QH13 and who have not started or completed their probationary practice by the date this Law comes into effect shall continue their probationary practice and fulfill the obligations of probationers as prescribed by this Law from the date this Law comes into effect; registration for the examination of the results of probationary practice shall be carried out according to this Law.
Persons who have received a certificate of examination results of probationary practice as a notary under the Notarization Law No. 53/2014/QH13 and who have not been appointed as a notary within five years from the date this Law comes into effect shall have their certificates become invalid.
3. Applications for appointment, reappointment, and removal of notaries submitted according to the Notarization Law No. 53/2014/QH13 and which have not been resolved by the competent state authority by the date this Law comes into effect shall continue to be processed according to the Notarization Law No. 53/2014/QH13.
4. Persons who were removed or dismissed as notaries before the date this Law comes into effect shall be reappointed as notaries according to this Law.
5. Notaries over seventy years old practicing notarization at the date this Law comes into effect may continue to practice notarization for two years from the date this Law comes into effect; notaries aged sixty-eight to seventy years old at the date this Law comes into effect may continue to practice notarization until they reach seventy-two years old. Upon expiration of the aforementioned period, notaries shall be automatically removed from their positions.
6. Notary offices established before the date this Law comes into effect but which have not registered their operations by the date this Law comes into effect shall continue to register their operations according to the Notarization Law No. 53/2014/QH13.
7. Notary offices established before the date this Law comes into effect but which have not yet developed articles of association shall establish articles of association and submit them to the Department of Justice within three months from the date this Law comes into effect; in cases where there are general partners who have not contributed capital to the notary office, they must contribute capital and submit proof of such contributions to the Department of Justice within the aforementioned period.
The revocation of decisions allowing establishment and cessation of operations of notary offices established according to the Notarization Law No. 53/2014/QH13 shall be implemented according to this Law.
Notary offices that only have one general partner at the date this Law comes into effect may still supplement general partners according to the Notarization Law No. 53/2014/QH13 within six months from the date the notary office only has one general partner.
8. Changes in general partners of notary offices established according to the Notarization Law No. 53/2014/QH13 shall be implemented according to this Law.
A person whose status as a partner in a notary office has been terminated according to the Notarization Law number 53/2014/QH13 shall, from the date this Law takes effect, establish, participate in establishing a new notary office, become a partner in another notary office, or purchase a notary office organized and operated under the form of a private enterprise in accordance with the provisions of this Law; the two-year period shall be calculated from the date the decision of the Department of Justice terminating the status of a partner becomes effective.
9. Notary certificates issued before this Law takes effect shall continue to be used. The issuance and reissuance of notary certificates shall be carried out in accordance with the provisions of this Law.
10. Notaries practicing notarization before this Law takes effect who have not joined the Notary Association shall join the Notary Association in their place of practice within three months from the date this Law takes effect and maintain their membership throughout their notarization practice in that locality.
11. For contracts and transactions notarized before this Law takes effect, the issuance of certified copies, amendments, supplements, termination, cancellation, and correction of technical errors in notarized documents shall be carried out in accordance with the provisions of this Law.
Certified translations made before this Law takes effect shall continue to be valid for use; in cases where there is a need to use a translation, the procedure for certifying the translator's signature shall be carried out in accordance with the provisions of this Law and the laws on certification.
12. For notarization files stored in accordance with the Notarization Law number 53/2014/QH13 which have not yet reached their retention period when this Law takes effect, the retention period shall continue to be implemented in accordance with the provisions of the Notarization Law number 53/2014/QH13.
13. Within one year from the date this Law takes effect, the Government shall organize a review of the provisions on mandatory notarization in legal normative documents promulgated before this Law takes effect and complete the amendment, supplementation, abolition according to its authority or submit to the competent authority for the amendment, supplementation, abolition of provisions that do not meet the requirements for mandatory notarization stipulated in Clause 1 of Article 3 of this Law. After the period specified in this clause, the provisions on mandatory notarization in decrees promulgated before this Law takes effect but not prescribed by law to be regulated by the Government but meeting other requirements stipulated in Clause 1 of Article 3 of this Law and the provisions on mandatory notarization in decrees promulgated to handle the results of the review in accordance with this clause shall remain in effect.
Notary offices established before this Law takes effect shall continue to operate and within one year from the date this Law takes effect must comply with the conditions stipulated in Article 20 of this Law.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the fifteenth session, eighth meeting, on the 26th day of 11 2024.
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