Law on Notarization No. 53/2014/QH13

LAW

Notarization

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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, notary practice, notarization procedures, and state management of notarization.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Notarization Notarization is the act of a notary from a notary practice organization certifying the authenticity and legality of contracts and other civil transactions in writing (hereinafter referred to as contracts or transactions), the accuracy, legality, and non-violation of social ethics of translations from Vietnamese to foreign languages or vice versa (hereinafter referred to as translations) that must be notarized according to the law or voluntarily requested for notarization by individuals or organizations.

2. Notary is a person who meets the criteria set forth in this Law and is appointed by the Minister of Justice to engage in notarization practice.

3. Requester of notarization is a Vietnamese individual or organization, or a foreign individual or organization requesting notarization of contracts, transactions, or translations as prescribed by this Law.

4. Notarized document is a contract, transaction, or translation certified by a notary in accordance with this Law.

5. Notary practice organization includes Notary Offices and Notary Offices established and operating in accordance with this Law and other relevant legal regulations.

Article 3. Social Function of Notaries

Notaries provide public services commissioned by the State to ensure legal safety for parties involved in contracts and transactions; prevent disputes; contribute to protecting the legitimate rights and interests of individuals and organizations; stabilize and develop the economy and society.

Article 4. Principles of Notarization Practice

1. Compliance with the Constitution and laws.

2. Objectivity and honesty.

3. Compliance with professional ethics rules for notarization practice.

4. Legal responsibility and accountability to the requester of notarization regarding notarized documents.

Article 5. Legal Value of Notarized Documents

1. A notarized document becomes effective from the date it is signed by the notary and stamped by the notary practice organization.

2. Contracts and transactions that have been notarized are enforceable against the parties involved; in cases where a party fails to fulfill its obligations, the other party may request the court to resolve the matter in accordance with the law, except when the parties have agreed otherwise.

3. Notarized contracts and transactions serve as evidence; facts and events within notarized contracts and transactions do not need to be proven unless declared void by the court.

4. Notarized translations have the same value as original documents and texts.

Article 6. Languages and Scripts Used in Notarization

Vietnamese language and script are used in notarization.

Article 7. Prohibited acts

1. Strictly prohibited are the following acts by notaries and notary practice organizations:

a) Disclosing information about the content of notarization without the written consent of the requester of notarization or as otherwise provided by law; using such information to infringe upon the legitimate rights and interests of individuals and organizations;

b) Performing notarization in cases where the purpose and content of contracts, transactions, or translations violate the law or social ethics; inciting or facilitating participants in contracts or transactions to engage in fraudulent transactions or other deceptive acts;

c) Notarizing contracts, transactions, or translations related to their own assets or interests, or those of close relatives including spouse, parents, in-laws, children, adopted children, daughters-in-law, sons-in-law, grandparents, siblings, and grandchildren;

d) Refusing requests for notarization without justifiable reasons; harassing or causing difficulties for the requester of notarization;

đ) Receiving or demanding money or other benefits from the requester of notarization beyond the fees, remuneration, and other costs already agreed upon; receiving or demanding money or other benefits from third parties to perform or refrain from performing notarization, thereby causing damage to the requester of notarization and related individuals or organizations;

e) Coercing others to use their services; colluding with the requester of notarization and related parties to distort the content of notarized documents or notarization files;

g) Applying pressure, threatening, or engaging in illegal or unethical acts to gain an advantage for themselves or their organizations in notarization practice;

h) Advertising on mass media about themselves or their organizations;

i) Notary practice organizations opening branches, representative offices, premises, or other transaction locations outside their main office; conducting production, business, or service activities outside the scope registered;

k) Notaries simultaneously practicing at two or more notary practice organizations or concurrently holding regular positions elsewhere;

l) Notaries participating in managing businesses outside notary practice organizations; engaging in brokerage or agency activities; sharing profits in contracts or transactions they notarize;

m) Violating laws or professional ethics rules for notarization practice.

2. Strictly prohibited are the following acts by individuals or organizations:

a) Impersonating the requester of notarization;

b) Providing false information or documents by the requester of notarization; using forged or tampered documents to request notarization;

c) Deceptive or dishonest behavior by witnesses or interpreters;

d) Obstructing notarization activities.

Chapter II

NOTARIES

Article 8. Notarial Officer Standards

A Vietnamese citizen residing in Vietnam who adheres to the Constitution and laws, possesses good moral character, and meets the following criteria shall be considered for appointment as a notarial officer:

1. Holds a bachelor's degree in law;

2. Has at least five years of legal work experience in state agencies or organizations after obtaining a bachelor's degree in law;

3. Completes the notarial officer vocational training course as stipulated in Article 9 of this Law or finishes the notarial officer vocational enhancement course as provided for in Clause 2 of Article 10 of this Law;

4. Passes the examination on the results of the notarial officer practice internship;

5. Ensures health fitness for notarial officer practice.

Article 9. Vocational Training for Notarial Officers

1. Individuals holding a bachelor's degree in law may participate in the notarial officer vocational training course at vocational training institutions for notarial officers.

2. The duration of the notarial officer vocational training course is twelve months.

Upon completion of the notarial officer vocational training program, the vocational training institution for notarial officers will issue a certificate of graduation from the notarial officer vocational training course to the individual.

3. The Minister of Justice shall provide detailed regulations regarding vocational training institutions for notarial officers, the framework curriculum for notarial officer vocational training, and recognition of equivalence for individuals trained in notarial officer vocations abroad.

Article 10. Exemption from Vocational Training for Notarial Officers

1. The following individuals are exempted from vocational training for notarial officers:

a) Those who have served as judges, prosecutors, or investigators for at least five years;

b) Lawyers with at least five years of practice;

c) Professors and associate professors specializing in law, and doctoral graduates in law;

d) Those who were senior examiners in the judiciary sector, senior inspectors in the prosecution sector, or senior specialists, senior researchers, and senior lecturers in the field of law.

2. Individuals exempted from vocational training for notarial officers as specified in Clause 1 of this Article must attend a vocational enhancement course on notarial officer practice skills and ethical conduct rules at vocational training institutions for notarial officers before applying for notarial officer appointment. The duration of the vocational enhancement course is three months.

Upon completion of the vocational enhancement course, a certificate of completion of the notarial officer vocational enhancement course will be issued.

3. The Minister of Justice shall provide detailed regulations regarding the vocational enhancement course for notarial officers as specified in Clause 2 of this Article.

Article 11. Practice Internship for Notarial Officers

1. Individuals holding a certificate of graduation from the notarial officer vocational training course or a certificate of completion of the notarial officer vocational enhancement course must undergo a practice internship at a notarial service organization. The intern may independently contact a qualified notarial service organization to arrange the internship; if unable to do so, they may request the Department of Justice in their locality to arrange the internship at a qualified notarial service organization.

The intern must register for the internship with the Department of Justice in the locality where the notarial service organization accepting the internship is located.

The duration of the notarial officer practice internship is twelve months for those holding a certificate of graduation from the notarial officer vocational training course and six months for those holding a certificate of completion of the notarial officer vocational enhancement course. The duration of the notarial officer practice internship is calculated from the date of registration.

2. The notarial service organization accepting the internship must have notarial officers meeting the conditions for guiding the internship as stipulated in Clause 3 of this Article and having facilities to ensure the internship.

3. The notarial service organization assigns a notarial officer to guide the intern.

The notarial officer guiding the intern must have at least two years of experience in notarial officer practice. A notarial officer who has been disciplined or administratively punished in notarial officer practice activities cannot guide an intern until twelve months after completing the disciplinary decision or administrative punishment decision. At the same time, one notarial officer cannot guide more than two interns.

The notarial officer guiding the intern must guide and be responsible for the tasks assigned to the intern as stipulated in Clause 4 of this Article.

4. The intern guided by the notarial officer receives guidance on practice skills and performs tasks related to notarization as assigned by the guiding notarial officer and is responsible to the guiding notarial officer for those tasks. The intern is not allowed to sign notarial documents.

5. Upon completion of the internship period, the intern must submit a written report on the internship results with comments from the guiding notarial officer and confirmation from the notarial service organization accepting the internship to the Department of Justice where the internship was registered; they can register to participate in the examination of the internship results. Those who pass the examination of the internship results will be issued a certificate of internship result examination.

6. The Minister of Justice shall provide detailed regulations on the internship and examination of internship results for notarial officers.

Article 12. Appointment of Notaries

1. A person who meets the criteria stipulated in Article 8 of this Law has the right to request the Minister of Justice to appoint them as a notary. The application for notary appointment shall be submitted to the Department of Justice where the applicant has registered their probation period for notary practice.

2. The application for notary appointment includes:

a) An application form for notary appointment as prescribed by the Minister of Justice;

b) Criminal record sheet;

c) A copy of the bachelor's degree in law or master's, doctoral degree in law;

d) Documents proving the time spent working in the field of law;

đ) A copy of the certificate of completion of the notary profession training course. In cases where the person is exempted from the notary profession training course, they must provide a copy of the certificate of completion of the notary profession enhancement course and documents proving that they are exempted from the notary profession training course as stipulated in Clause 1, Article 10 of this Law;

e) A copy of the certificate of results of the notary practice probation examination;

g) A health certificate issued by a competent health authority.

3. Within ten working days from the date of receiving the complete application for notary appointment as specified in Clause 2 of this Article, the Department of Justice shall issue a document requesting the Minister of Justice to appoint the notary along with the application for notary appointment; if the request is rejected, it must be notified in writing, specifying the reasons to the applicant.

4. Within thirty days from the date of receipt of the document and the application for notary appointment from the Department of Justice, the Minister of Justice shall examine and decide on the appointment of the notary; if the appointment is rejected, it must be notified in writing, specifying the reasons, sent to the Department of Justice and the applicant.

Article 13. Situations Where Appointment as a Notary is Prohibited

1. A person who is currently being pursued for criminal responsibility, or has been convicted by a court judgment with legal effect for a crime committed negligently without having had the criminal record expunged, or for a crime committed intentionally.

2. A person who is currently subject to administrative measures under the law on handling administrative violations.

3. A person who has lost or is restricted in their capacity for civil acts.

4. Civil servants who have been disciplined by dismissal, public officials and employees who have been disciplined by compulsory resignation, or officers, professional soldiers, workers, and employees in agencies and units under the People's Army, officers, non-commissioned officers, workers, and employees in units under the People's Public Security who have been disciplined by revocation of military rank, Public Security rank, or removal from service.

5. A person whose lawyer practice certificate has been revoked due to disciplinary action by removal from the list of lawyers' associations, or whose lawyer practice certificate usage rights have been revoked and the three-year period has not yet expired since the effective date of the decision to revoke the lawyer practice certificate or since the completion of the execution of the decision to revoke the lawyer practice certificate usage rights.

Article 14. Temporary Suspension of Notary Practice

1. The Department of Justice where the notary has registered their practice shall decide to temporarily suspend the notary's practice in the following situations:

a) The notary is currently being pursued for criminal responsibility;

b) The notary is currently subject to administrative measures.

2. The maximum duration of temporary suspension of notary practice is twelve months.

3. The Department of Justice shall decide to cancel the temporary suspension of notary practice before the deadline for the notary in the following situations:

a) There is a decision to terminate the investigation, terminate the case, or a court judgment with legal effect declaring innocence;

b) They are no longer subject to administrative measures under the law on handling administrative violations.

4. The decision to temporarily suspend and the decision to cancel the temporary suspension of notary practice must be sent to the notary, the organization practicing notary work where the notary works, the Provincial People's Committee (hereinafter referred to as the Provincial People's Committee), and the Ministry of Justice.

Article 15. Dismissal of Notary Public

1. A Notary Public may be dismissed according to their personal wish or transferred to another job.

The Notary Public submits a request for dismissal to the Department of Justice at the place where they are registered to practice. Within fifteen days from the date of receipt of the Notary Public's request for dismissal, the Department of Justice shall issue a document requesting the Minister of Justice to consider the Notary Public's request for dismissal.

2. A Notary Public shall be dismissed in the following cases:

a) No longer meeting the qualifications of a Notary Public as stipulated in Article 8 of this Law;

b) Losing or being restricted in civil capacity;

c) Concurrently holding a regular job;

d) Not practicing notarization for two years from the date of appointment as a Notary Public or not continuously practicing notarization for twelve months or more;

đ) Expiring the temporary suspension period of notarization activities as prescribed in Clause 2, Article 14 of this Law while the reasons for the suspension still exist;

e) Having been administratively sanctioned twice for violations in notarization activities and continuing to violate; having been disciplined with a warning or higher penalty twice and continuing to violate or being disciplined with a termination of employment;

g) Being convicted by a court judgment that has become legally effective;

h) Belonging to the cases prohibited from being appointed as a Notary Public as prescribed in Article 13 of this Law at the time of appointment.

3. The Department of Justice is responsible for reviewing and inspecting the compliance with professional standards of Notary Publics in its locality.

When there is evidence indicating that a Notary Public falls under the cases of dismissal prescribed in Clause 2 of this Article, the Department of Justice shall issue a document requesting the dismissal of the Notary Public along with relevant documents serving as grounds for the request to be sent to the Minister of Justice.

4. Within fifteen days from the date of receipt of the dossier requesting the dismissal of the Notary Public, the Minister of Justice shall examine and decide on the dismissal of the Notary Public.

Article 16. Reappointment of Notary Public

1. A person dismissed as a Notary Public pursuant to Clause 1, Article 15 of this Law may be considered for reappointment as a Notary Public upon receiving a reappointment request.

2. A person dismissed as a Notary Public pursuant to Clause 2, Article 15 of this Law may be considered for reappointment as a Notary Public if they meet the qualifications of a Notary Public as stipulated in Article 8 of this Law and the reason for dismissal no longer exists, except in the case prescribed in Clause 3 of this Article.

3. A person dismissed as a Notary Public due to being convicted by a court judgment that has become legally effective for intentional crimes, having been administratively sanctioned twice for violations in notarization activities and continuing to violate, having been disciplined with a warning or higher penalty twice and continuing to violate or being disciplined with a termination of employment shall not be reappointed as a Notary Public.

4. The procedure for reappointing a Notary Public shall be carried out in accordance with the provisions of Article 12 of this Law. The dossier for requesting the reappointment of a Notary Public includes:

a) A request for reappointment as a Notary Public in the form prescribed by the Minister of Justice;

b) Criminal record sheet;

c) A health certificate issued by a competent health authority;

d) A copy of the decision dismissing the Notary Public;

đ) Copies of documents proving that the reason for dismissal no longer exists, except in the case prescribed in Clause 1 of this Article.

Article 17. Rights and Obligations of Notaries

1. Notaries have the following rights:

a) To be guaranteed the right to practice notarization by law;

b) To participate in establishing a Notary Office or work under a contract with a notarial practice organization;

c) To notarize contracts, transactions, and translations as prescribed by this Law;

d) To request individuals, agencies, and organizations related to provide information and documents for the purpose of performing notarization;

đ) To refuse to notarize contracts, transactions, and translations that violate laws and social morals;

e) Other rights as prescribed by this Law and other regulatory legal documents relevant thereto.

2. Notaries have the following obligations:

a) To comply with the principles of notarial practice;

b) To practice at a notarial practice organization;

c) To respect and protect the legitimate rights and interests of those requesting notarization;

d) To explain to those requesting notarization their rights, obligations, and legitimate interests, the meaning and legal consequences of notarization; in cases where they refuse a notarization request, they must clearly explain the reasons to those requesting notarization;

đ) To keep confidential the content of notarization, except when the person requesting notarization agrees in writing or when there are different provisions in the law;

e) To participate in annual professional training in notarization;

g) To be responsible before the law and before those requesting notarization for the notarized documents issued by them; to be responsible before the law for the activities of the Notary Office where they are a named partner;

h) To participate in professional social organizations of notaries;

i) To be subject to management by state agencies with competent authority, by the notarial practice organization where they are a notary, and by professional social organizations of notaries where they are members;

k) Other obligations as prescribed by this Law and other regulatory legal documents relevant thereto.

Chapter III

NOTARY PRACTICES

Article 18. Principles for Establishing Notarial Practice Organizations

1. The establishment of notarial practice organizations must comply with the provisions of this Law and be consistent with the overall planning for the development of notarial practice organizations approved by the Prime Minister.

2. Notary Offices may only be newly established in areas where conditions for developing Notary Offices do not yet exist.

3. Notary Offices established in areas with difficult socio-economic conditions, particularly extremely difficult conditions, shall enjoy preferential policies as prescribed by the Government.

Article 19. Notary Offices

1. Notary Offices are established by the People's Committee of the province.

2. A Notary Office is a public service unit under the Department of Justice, having its own office, seal, and separate bank account.

The legal representative of a Notary Office is the Director. The Director of a Notary Office must be a notary, appointed, relieved of duty, or dismissed by the Chairman of the People's Committee of the province.

3. The name of a Notary Office includes the phrase "Notary Office" followed by the establishment serial number and the name of the province or centrally-administered city where the Notary Office is established.

4. A Notary Office uses a seal without the national emblem. A Notary Office may engrave and use its seal after receiving the establishment decision. Procedures, documents for applying to engrave seals, management, and use of seals of Notary Offices are carried out in accordance with the law on seals.

Article 20. Establishment of Notary Office

1. Based on the notarization needs at the local level, the Department of Justice shall take the lead in coordinating with the Department of Planning and Investment, the Department of Finance, and the Department of Home Affairs to develop a proposal for establishing a Notary Office to be submitted to the Provincial People's Committee for consideration and decision. The proposal must clearly state the necessity of establishing the Notary Office, organizational structure, name, personnel, location of the office, material conditions, and implementation plan.

2. Within thirty days from the date the Provincial People's Committee issues the decision to establish the Notary Office, the Department of Justice must publish in the central newspaper or the local newspaper where the Notary Office is located for three consecutive issues the following contents:

a) Name and address of the Notary Office;

b) Number, date, month, year of the establishment decision and the start date of operation of the Notary Office.

3. In case the Provincial People's Committee decides to change the name or address of the Notary Office, the Department of Justice must publish the changed contents according to the provisions of Clause 2 of this Article.

Article 21. Conversion and Dissolution of Notary Office

1. In cases where it is unnecessary to maintain the Notary Office, the Department of Justice shall prepare a proposal to convert the Notary Office into a Notary Firm to be submitted to the Provincial People's Committee for consideration and decision.

The Government shall provide detailed regulations on the conversion of Notary Offices into Notary Firms.

2. In cases where it is impossible to convert the Notary Office into a Notary Firm, the Department of Justice shall prepare a proposal to dissolve the Notary Office to be submitted to the Provincial People's Committee for consideration and decision.

A Notary Office can only be dissolved after all debts have been settled, all labor contracts have been terminated, and all notarization requests received have been completed.

Within fifteen days from the date the Provincial People's Committee issues the dissolution decision, the Department of Justice must publish in the central newspaper or the local newspaper where the Notary Office is located for three consecutive issues the dissolution of the Notary Office.

Article 22. Notary Firm

1. The Notary Firm shall be organized and operate in accordance with the provisions of this Law and other relevant legal documents applicable to partnership companies.

A Notary Firm must have at least two named partners. A Notary Firm does not have capital contributors.

2. The legal representative of the Notary Firm is the Director of the Notary Firm. The Director of the Notary Firm must be a named partner of the Notary Firm and has practiced notarization for at least two years.

3. The name of the Notary Firm must include the phrase "Notary Firm" along with the surname of the Director or the surname of another named partner of the Notary Firm agreed upon by the named partners, without being identical or causing confusion with the name of another notary practice organization, and without violating historical traditions, cultural values, ethics, and customs of the nation.

4. The Notary Firm must have an office that meets the conditions prescribed by the Government.

The Notary Firm has its own seal and separate account, operating on the principle of financial autonomy through income from notarization fees, remuneration for notarization services, and other lawful sources of income.

5. The Notary Firm uses a seal without the national emblem. The Notary Firm may engrave and use the seal after obtaining permission to establish. The procedures, documents for applying for engraving seals, management, and use of seals of the Notary Firm are carried out in accordance with the law on seals.

Article 23. Establishment and Registration of Notary Offices

1. Notaries establishing a Notary Office must submit an application for establishment to the People's Committee of the province for examination and decision. The application for establishment of a Notary Office includes a request for establishment and a proposal for establishment, detailing the necessity of establishment, organizational structure, name, personnel, location of headquarters, material conditions, and implementation plan; a copy of the decision appointing notaries participating in the establishment of the Notary Office.

2. Within twenty days from the date of receipt of the complete application for establishment of a Notary Office, the People's Committee of the province shall examine and decide on allowing the establishment of the Notary Office; in case of refusal, it must notify in writing and specify the reasons.

3. Within ninety days from the date of receiving the decision allowing establishment, the Notary Office must register its operation with the Department of Justice at the local place where the decision allowing establishment was issued.

The registration content of the Notary Office includes the name of the Notary Office, the name of the Director of the Notary Office, the address of the Notary Office's headquarters, the list of named notaries of the Notary Office, and the list of notaries working under contract at the Notary Office (if any).

The registration dossier of the Notary Office includes an application for registration, documents proving that the Notary Office's headquarters comply with the content stated in the establishment proposal, and the registration dossiers of named notaries and notaries working under labor contracts at the Notary Office (if any).

Within ten working days from the date of receipt of the complete registration dossier, the Department of Justice issues the registration certificate of the Notary Office; in case of refusal, it must notify in writing and specify the reasons.

4. The Notary Office may commence notarization activities from the date the Department of Justice issues the registration certificate.

Article 24. Change of Registration Content of the Notary Office

1. When changing any of the contents stipulated in Clause 3 of Article 23 of this Law, the Notary Office must register the change content with the Department of Justice where the Notary Office has registered its operation.

Changing the headquarters of the Notary Office to another district, town, city within the province or centrally governed municipality where the decision allowing establishment was issued must be examined and decided by the People's Committee of the province and must be consistent with the Master Plan for the Development of Notary Practice Organizations.

2. If the Notary Office changes its name, headquarters, or Director, the Department of Justice shall reissue the registration certificate within seven working days from the date of receipt of the complete application; in case of refusal, it must notify in writing and specify the reasons.

Article 25. Provision of Information on Registration Content of the Notary Office

Within ten working days from the date of issuance or reissuance of the registration certificate of the Notary Office, the Department of Justice must notify in writing the tax authority, statistical agency, public security agency of the province, People's Committee of the district, town, city within the province, People's Committee of the commune, ward, town where the Notary Office is located.

Article 26. Publishing the Content of Notary Office's Registration for Business Activities

1. Within thirty days from the date of issuance of the business registration certificate, the Notary Office must publish in three consecutive issues of a central or local newspaper the following contents:

a) The name and address of the Notary Office's headquarters;

b) The name, and the number of the decision appointing the notary public practicing at the Notary Office;

c) The number, date, month, year of issuance of the business registration certificate, place of registration for business activities, and the date of commencement of operations.

2. In case of reissuance of the business registration certificate, the Notary Office must publish the content of the registration for business activities according to the provisions of Clause 1 of this Article.

Article 27. Change of Members of Limited Liability Partnership of Notary Offices

1. A notary public member of a Notary Office may terminate their status as a limited liability partner according to personal wishes or in other cases prescribed by law.

The Notary Office has the right to accept a new notary public member if such notary public is approved by the remaining notary public members of the limited liability partnership.

The termination of the status of a notary public member of a limited liability partnership and the acceptance of a new notary public member shall be carried out in accordance with the provisions of this Law and laws on enterprises.

2. In the event that a notary public member of a Notary Office dies or is declared dead by a court, the heir of the notary public member shall inherit the share of the value of assets at the Notary Office after deducting the portion of debt attributable to that notary public. The heir may become a notary public member of the Notary Office if they are a notary public and are approved by the remaining notary public members of the limited liability partnership.

Article 28. Merger and Consolidation of Notary Offices

1. Two or more Notary Offices with headquarters in the same province or centrally governed city may merge into a new Notary Office by transferring all assets, rights, obligations, and legitimate interests to the merged Notary Office, while simultaneously ceasing the operations of the Notary Offices being merged.

One or more Notary Offices may consolidate into another Notary Office with headquarters in the same province or centrally governed city by transferring all assets, rights, obligations, and legitimate interests to the consolidating Notary Office, while simultaneously ceasing the operations of the Notary Office being consolidated.

2. The People's Committee of the province shall examine and decide to permit the merger or consolidation of Notary Offices.

3. The Government shall provide detailed regulations on the procedures for merging and consolidating Notary Offices.

Article 29. Transfer of Notary Offices

1. A Notary Office may be transferred to other notary publics who meet the conditions stipulated in Clause 2 of this Article. A Notary Office can only be transferred after having operated for at least two years.

A notary public who has transferred a Notary Office is not permitted to participate in establishing a new Notary Office within five years from the date of transfer.

2. The notary public receiving the transfer of a Notary Office must meet the following conditions:

a) Has practiced as a notary public for at least two years for those expected to take over the position of Director of the Notary Office;

b) Commitment to practice at the Notary Office being transferred;

c) Commitment to assume the rights and obligations of the transferred Notary Office.

3. The People's Committee of the province shall examine and decide to permit the transfer of a Notary Office.

4. The Government shall provide detailed regulations on the procedure and formalities for transferring a Notary Office.

Article 30. Revocation of the Decision Permitting Establishment

1. The Notary Office shall have its decision permitting establishment revoked in the following cases:

a) The Notary Office does not register its operation as prescribed in Article 23 of this Law;

b) Six months from the date of issuance of the registration certificate for operation, the Notary Office has not commenced operations;

c) The Notary Office ceases to operate continuously for three months or more, except in the case where all named partners are temporarily suspended from practicing notarization;

d) The Notary Office only has one named partner and cannot supplement a new named partner within six months from the date of lacking a named partner;

đ) All named partners of the Notary Office are removed from office, die, or are declared dead by the Court;

e) The Notary Office fails to maintain the conditions for operation as prescribed by this Law and other relevant regulatory legal documents.

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

Article 31. Termination of Operations of the Notary Office

1. The Notary Office shall terminate its operations in the following cases:

a) The Notary Office voluntarily terminates its operations;

b) The Notary Office has its decision permitting establishment revoked according to the provisions of Article 30 of this Law;

c) The Notary Office is merged or absorbed.

2. In the case of termination of operations as stipulated in point a, Clause 1 of this Article, at least thirty days before the anticipated termination date, the Notary Office must submit a written report to the Department of Justice where it has registered its operations. Prior to the termination date, the Notary Office has the obligation to pay off all outstanding taxes, settle other debts, complete the procedures for terminating labor contracts signed with notaries and staff of its organization, and fulfill any notarization requests received. If it is unable to complete the notarization requests received, it must reach an agreement with the party requesting notarization regarding the fulfillment of those requests.

In the case of termination of operations as stipulated in point c, Clause 1 of this Article, the rights and obligations of the Notary Office shall continue to be carried out by the Notary Office that has been merged or absorbed.

The Notary Office has the obligation to publish in central or local newspapers where it has registered its operations for three consecutive issues about the anticipated termination date.

The Department of Justice shall be responsible for revoking the registration certificate for operation of the Notary Office, reporting to the Provincial People's Committee to revoke the decision permitting establishment, and notifying in writing about the termination of operations of the Notary Office to the agencies specified in Article 25 of this Law.

3. In the case of termination of operations as stipulated in point b, Clause 1 of this Article, within seven working days from the date of the decision revoking the decision permitting establishment, the Department of Justice shall be responsible for revoking the registration certificate for operation of the Notary Office, notifying in writing to the agencies specified in Article 25 of this Law, and simultaneously publishing in central or local newspapers where the Notary Office has registered its operations for three consecutive issues about the termination of operations of that Notary Office.

Within sixty days from the date of revocation of the decision permitting establishment, the Notary Office has the obligation to pay off all outstanding taxes, settle all other debts, complete the procedures for terminating labor contracts signed with notaries and staff of its organization; for notarization requests received but not yet processed, it must return the request notarization dossier to the party requesting notarization. After this period, if the Notary Office has not completed its property obligations or in the case where the Notary Office terminates operations due to revocation of the decision permitting establishment because all named partners of the Notary Office have died or been declared dead by the Court, the assets of the Notary Office and of the named partners shall be used to settle the debts of the Notary Office according to the provisions of civil law.

Article 32. Rights of Notary Practice Organizations

1. Enter into employment contracts and labor contracts with notaries specified in points a and c, Clause 1, Article 34 of this Law and other staff working for their organization.

2. Collect notarization fees, remuneration for notarization, and other expenses.

3. Provide notarization services outside the working days and hours of administrative state agencies to meet the people's notarization needs.

4. Exploit and utilize information from the notarization database as prescribed in Article 62 of this Law.

5. Other rights as stipulated by this Law and other regulatory legal documents.

Article 33. Obligations of Notary Practice Organizations

1. Manage notaries practicing at their organization in compliance with laws and professional ethics rules for notarization practice.

2. Adhere to legal provisions on labor, tax, finance, and statistics.

3. Implement work schedules according to the working days and hours of administrative state agencies.

4. Post work schedules, notarization procedures, internal regulations for receiving requests for notarization, notarization fees, remuneration for notarization, and other expenses at their organization's headquarters.

5. Purchase professional liability insurance for notaries of their organization as prescribed in Article 37 of this Law and compensate damages as prescribed in Article 38 of this Law.

6. Accept, facilitate conditions, and manage trainees practicing notarization during their training period at their organization.

7. Create conditions for notaries of their organization to participate in annual professional training.

8. Fulfill requirements of competent state authorities regarding reporting, inspection, auditing, and providing information about contracts, transactions, and certified translations.

9. Maintain notarization records and store notarization files.

10. Share information about the origin of assets, transaction status of assets, and other information about measures applied to prevent asset-related issues in contracts and transactions performed by notaries of their organization to be included in the notarization database as prescribed in Article 62 of this Law.

11. Other obligations as stipulated by this Law and other regulatory legal documents.

Chapter IV

PRACTICE OF NOTARIZATION

Article 34. Forms of Notary Practice

1. The forms of notary practice include:

a) Notaries of Notary Offices;

b) Named partners of Notary Offices;

c) Notaries working under labor contracts at Notary Offices.

2. Recruitment, management, and utilization of notaries specified in point a, Clause 1, Article 34 of this Law shall be carried out in accordance with the law on civil servants.

Signing and implementing labor contracts with notaries specified in point c, Clause 1, Article 34 of this Law shall be carried out in accordance with this Law and the labor law.

Article 35. Registration of Practice

1. Notary practice organizations register practice for notaries of their organization at the Department of Justice where the notary practice organization registers its activities.

Notary offices register practice for their notaries when registering activities or changing activity registration contents as prescribed in Articles 23 and 24 of this Law.

Notary offices register practice for their notaries after receiving decisions to establish notary offices or when adding notaries.

2. The Department of Justice carries out practice registration and issues Notary Cards for notaries of notary practice organizations; in case of refusal, it must notify in writing and specify reasons to the notary practice organization and the notary.

3. When notaries no longer work at notary practice organizations, the notary practice organizations are responsible for notifying the Department of Justice to cancel the practice registration of the notaries. Notaries may not sign notarized documents from the date they cease named partnership status or terminate employment contracts or labor contracts with the notary practice organization.

Article 36. Notary Public Card

1. The Notary Public Card serves as evidence of the notary public's professional qualifications for conducting notarization activities. A notary public must carry the Notary Public Card when performing notarization activities.

2. A notary public may be reissued a Notary Public Card if the previously issued card is lost or damaged.

The Notary Public Card will be revoked in cases where the notary public is relieved of duty or deregistered from practicing.

3. The Minister of Justice shall provide detailed regulations on the model of the Notary Public Card, procedures for registration, issuance, reissuance, and revocation of the Notary Public Card.

Article 37. Professional Liability Insurance for Notaries

1. Professional liability insurance for notaries is a mandatory type of insurance. The purchase of professional liability insurance for notaries must be maintained throughout the operational period of the notary practice organization.

2. The notary practice organization has the obligation to purchase professional liability insurance for notaries practicing within their organization.

Within ten working days from the date of purchasing insurance or from the date of changing or extending the insurance contract, the notary practice organization is responsible for notifying and submitting copies of the insurance contract, change contract, or extension contract of professional liability insurance for notaries to the Department of Justice.

3. The Government shall provide detailed regulations on insurance conditions, premium rates, and minimum insurance amounts for professional liability insurance for notaries.

Article 38. Compensation and Reimbursement in Notarization Activities

1. The notary practice organization must compensate for damages caused to the party requesting notarization and other individuals or organizations due to the fault of the notary public, staff, or interpreter who is a collaborator of the organization during the notarization process.

2. The notary public, staff, or interpreter who is a collaborator causing damage must repay the amount that the notary practice organization has paid to the damaged party according to the law; if they fail to repay, the notary practice organization has the right to request the court to resolve the matter.

Article 39. Social and Professional Organizations of Notaries

1. Social and professional organizations of notaries are self-governing organizations established at the central and provincial levels to represent and protect the legitimate rights and interests of notaries; issue ethical guidelines for notarization practices; monitor compliance with laws and ethical guidelines for notarization practices; participate with state agencies in organizing training, further education, and internship programs for notarization practices; provide opinions to competent authorities regarding the appointment, dismissal of notaries, establishment, merger, acquisition, transfer, cessation of operations of notary practice organizations, and perform other tasks related to notarization activities as prescribed by the Government.

2. The Government shall provide detailed regulations on the establishment, organizational structure, and duties and powers of social and professional organizations of notaries.

Chapter V

PROCEDURES FOR NOTARIZING CONTRACTS, TRANSACTIONS, AND TRANSLATIONS

Section 1

GENERAL PROCEDURES FOR NOTARIZATION

Article 40. Notarization of contracts and transactions that have been drafted

1. The notarization request file shall be established in one set, including the following documents:

a) A notarization request form containing information on the name, address of the person requesting notarization, the content to be notarized, the list of accompanying documents; the name of the notary practice organization, the name of the person receiving the notarization request file, and the time of receipt of the file;

b) Draft of the contract or transaction;

c) Copy of personal identification documents of the person requesting notarization;

d) Copy of the certificate of ownership or right to use, or other documents prescribed by law for assets that must be registered according to the law, in cases where the contract or transaction involves such assets;

đ) Other copies of documents related to the contract or transaction as required by law;

2. Copies referred to in Clause 1 of this Article are photographic, printed, or typed copies with complete and accurate content like the original and do not require certification.

3. The notary shall examine the documents in the notarization request file. If the notarization request file is complete and consistent with the provisions of the law, it shall be accepted and recorded in the notarization register.

4. The notary shall guide the person requesting notarization to comply strictly with the regulations on notarization procedures and relevant legal provisions regarding the implementation of the contract or transaction; explain to the person requesting notarization their rights, obligations, and legitimate interests, as well as the legal significance and consequences of participating in the contract or transaction.

5. In cases where there are grounds to believe that the notarization request file contains unclear issues, the conclusion of the contract or transaction is suspected of being threatened or coerced, there is doubt about the civil capacity of the person requesting notarization or the object of the contract or transaction has not been described specifically, the notary may request the person requesting notarization to clarify or, at the request of the person requesting notarization, conduct verification or request an appraisal; if clarification cannot be made, the notary has the right to refuse notarization.

6. The notary shall examine the draft of the contract or transaction; if the draft of the contract or transaction contains clauses violating the law or social morals, or the object of the contract or transaction does not comply with the provisions of 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 has the right to refuse notarization.

7. The person requesting notarization shall read the draft of the contract or transaction again themselves, or the notary shall read it aloud upon the request of the person requesting notarization.

8. If the person requesting notarization agrees with all the contents in the draft of the contract or transaction, they shall sign each page of the contract or transaction. The notary shall request the person requesting notarization to present the originals of the documents specified in Clause 1 of this Article for comparison before recording the testimonial and signing each page of the contract or transaction.

Article 41. Notarization of contracts and transactions drafted by the notary at the request of the person requesting notarization

1. The person requesting notarization shall submit a file set as prescribed in Points a, c, d, and đ of Clause 1 and Clause 2 of Article 40 of this Law, and state the content and intention to conclude the contract or transaction.

2. The notary shall perform the tasks prescribed in Clauses 3, 4, and 5 of Article 40 of this Law.

If the content and intention to conclude the contract or transaction are genuine, do not violate the law, and do not contravene social morals, the notary shall draft the contract or transaction.

3. The person requesting notarization shall read the draft of the contract or transaction themselves, or the notary shall read it aloud. If the person requesting notarization agrees with all the contents in the draft of the contract or transaction, they shall sign each page of the contract or transaction. The notary shall request the person requesting notarization to present the originals of the documents specified in Clause 1 of this Article for comparison before recording the testimonial and signing each page of the contract or transaction.

Article 42. Scope of Notarization for Real Estate Contracts and Transactions

Notaries of notary organizations may only notarize real estate contracts and transactions within the province or centrally-administered city where their organization's office is located, except in cases of notarizing wills, documents refusing to accept inheritance that are real estate, and authorization documents related to exercising rights over real estate.

Article 43. Time Limit for Notarization

1. The time limit for notarization is calculated from the date of accepting the notarization request file to the date of delivering the notarization result. The time spent on verifying and appraising the contents related to the contract or transaction, posting the acceptance of notarization for agreement division of inheritance documents, inheritance acceptance documents, translating documents, and leaving blank spaces shall not be included in the notarization time limit.

2. The notarization time limit shall not exceed two working days; for contracts and transactions with complex contents, the notarization time limit may be extended but shall not exceed ten working days.

Article 44. Location of Notarization

1. Notarization must be conducted at the office of the notary organization, except in the cases stipulated in Clause 2 of this Article.

2. Notarization may be conducted outside the office of the notary organization if the person requesting notarization is elderly, unable to travel, under temporary detention, temporary imprisonment, serving a prison sentence, or has other legitimate reasons preventing them from reaching the notary organization's office.

Article 45. Writing in Notarized Documents

1. Writing 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 date must include day, month, and year; hours and minutes may be recorded if requested by the person requesting notarization or deemed necessary by the notary. Numbers must be written both numerically and in words, except as otherwise provided by law.

Article 46. Notary's Certificate

1. The notary's certificate for contracts and transactions must clearly state the notarization date and location, the notary's name, the notary organization's name; certify that the parties involved in the contract or transaction voluntarily participated, have full civil capacity, the purpose and content of the contract or transaction do not violate laws or social morals, signatures or seals in the contract or transaction are those of the parties involved; the notary's responsibility for the certificate; and must bear the notary's signature and the seal of the notary organization.

2. The Minister of Justice shall provide detailed guidelines for the format of the notary's certificate for contracts and transactions.

Article 47. Persons Requesting Notarization, Witnesses, and Interpreters

1. Individuals requesting notarization must have full civil capacity.

If the person requesting notarization is an organization, the request for notarization must be made through the organization's legal representative or authorized representative.

The person requesting notarization must present all necessary documents related to the notarization and be responsible for the accuracy and legality of these documents.

2. In cases where the person requesting notarization cannot read, hear, sign, or stamp, or in other situations prescribed by law, notarization must involve a witness.

The witness must be at least eighteen years old, have full civil capacity, and have no rights, interests, or obligations related to the notarization.

The witness is invited by the person requesting notarization; if the person requesting notarization cannot invite a witness, the notary shall designate one.

3. If the person requesting notarization does not understand Vietnamese, they must have an interpreter.

The interpreter must be at least eighteen years old, have full civil capacity, be fluent in Vietnamese and the language used by the person requesting notarization.

The interpreter is invited by the person requesting notarization and must bear legal responsibility for their interpretation.

Article 48. Signing and Thumbprint in Notarized Documents

1. The person requesting notarization, witness, and interpreter must sign the contract or transaction before the notary public.

In cases where the authorized representative of a credit institution or other enterprise has registered their signature sample with the notary public organization, they may sign the contract beforehand; the notary public must compare their signature in the contract with the registered signature sample before proceeding with the notarization.

2. A thumbprint can replace a signature when the person requesting notarization, witness, or interpreter cannot sign due to disability or lack of knowledge of signing. When placing a thumbprint, the person requesting notarization, witness, or interpreter shall use the right index finger; if unable to place a thumbprint using the right index finger, then use the left index finger; if neither index finger can be used, then use another finger and clearly indicate which finger and hand was used for the thumbprint.

3. The thumbprint may also be made simultaneously with the signature in the following cases:

a) Notarizing a will;

b) At the request of the person requesting notarization;

c) If the notary public deems it necessary to protect the rights of the person requesting notarization.

Article 49. Page and Sheet Marking in Notarized Documents

Notarized documents with two or more pages must have each page numbered sequentially. Notarized documents with two or more sheets must be stamped at the seam between the sheets.

Article 50. Correcting Technical Errors in Notarized Documents

1. Technical errors are mistakes made during writing, typing, or printing in notarized documents that do not affect the rights and obligations of the parties involved in the contract or transaction.

2. Technical error corrections in notarized documents are carried out at the notary public organization that performed the original notarization. If the notary public organization ceases operations, changes, transfers, or dissolves, the notary public organization currently storing the notarization files will perform the technical error correction.

3. The notary public performing the technical error correction is responsible for comparing each error to be corrected with the documents in the notarization file, marking the area to be corrected, then writing the corrected text, symbol, or number on the margin along with their signature and stamp of the notary public organization. The notary public is responsible for notifying the parties involved in the contract or transaction about the technical error correction.

Article 51. Notarization of Contract Amendments, Additions, and Cancellations

1. The notarization of amendments, additions, or cancellations of contracts or transactions already notarized can only be carried out upon written agreement and commitment from all parties involved in the original contract or transaction.

2. The notarization of amendments, additions, or cancellations of contracts or transactions already notarized is conducted at the notary public organization that originally performed the notarization and is carried out by a notary public. If the notary public organization ceases operations, changes, transfers, or dissolves, the notary public from the organization currently storing the notarization files will carry out the amendments, additions, or cancellations of the contract or transaction.

3. The procedure for notarizing amendments, additions, or cancellations of contracts or transactions already notarized is carried out according to the procedures for notarizing contracts or transactions stipulated in this Chapter.

Article 52. Persons entitled to request the Court to declare a notarized document void

Notaries, persons requesting notarization, witnesses, interpreters, persons with rights and obligations related to the matter, competent state agencies have the right to request the Court to declare a notarized document void when there is evidence that the notarization process violates the law.

Section 2

 PROCEDURES FOR NOTARIZING CERTAIN CONTRACTS, TRANSACTIONS, NOTARIZED TRANSLATIONS, AND ACCEPTANCE OF WILLS FOR SAFEKEEPING

Article 53. Scope of application

The procedures for notarizing mortgage contracts on real estate, power of attorney contracts, wills, agreements on division of inheritance, declarations of acceptance of inheritance, and refusals to accept inheritance shall be carried out in accordance with the provisions of this Section and the provisions of Section 1 of this Chapter without contravening the provisions of this Section.

Article 54. Notarization of mortgage contracts on real estate

1. The notarization of mortgage contracts on real estate must be conducted at a notary practice organization having its headquarters in the province or centrally governed city where the real estate is located.

2. In cases where a piece of real estate has been mortgaged to secure the performance of an obligation and the mortgage contract has been notarized, and subsequently it is mortgaged again to secure another obligation within the scope permitted by law, subsequent mortgage contracts must be notarized at the notary practice organization that notarized the initial mortgage contract. In cases where the notary practice organization ceases operations, undergoes a change, transfer, or dissolution, the notary of the notary practice organization currently storing the mortgage contract’s notarization file shall conduct the subsequent notarizations.

Article 55. Notarization of power of attorney contracts

1. When notarizing power of attorney contracts, the notary has the responsibility to carefully review the documents, clearly explain the rights and obligations of the parties involved, and the legal consequences of granting the power of attorney to the participating parties.

2. In cases where the principal and the agent cannot simultaneously appear before a notary practice organization, the principal may request the notary practice organization where they reside to notarize the power of attorney contract; the agent may request the notary practice organization where they reside to notarize the original power of attorney contract, completing the notarization procedure for the power of attorney contract.

Article 56. Notarization of wills

1. The person drafting the will must personally request the notarization of the will, and may not delegate this request to another person.

2. If the notary suspects that the person drafting the will suffers from mental illness or another disease that prevents them from understanding and controlling their actions, or if there is evidence suggesting that the drafting of the will was induced by fraud, threats, or coercion, the notary may ask the person drafting the will to clarify these issues; if clarification is not possible, the notary may refuse to notarize the will.

In cases where the life of the person drafting the will is threatened, the person requesting notarization does not need to present all the documents required under Clause 1 of Article 40 of this Law but must clearly record this fact in the notarized document.

3. If a will has already been notarized but the person drafting the will later wishes to amend, supplement, replace, or revoke part or all of the will, they may request any notary to notarize such amendments, supplements, replacements, or revocations. If the previous will is being kept by a notary practice organization, the person drafting the will must inform the notary practice organization keeping the will about the amendments, supplements, replacements, or revocations made to the will.

Article 57. Notarization of the agreement on the division of inheritance

1. Legal heirs or testamentary heirs whose shares of the inheritance are not clearly specified in the will have the right to request the notarization of the agreement on the division of inheritance.

In the agreement on the division of inheritance, the person entitled to inherit may gift all or part of their share of the inheritance to another heir.

2. In cases where the inheritance includes land use rights or assets that must be registered according to the law, the application for notarization must include documents proving the land use rights and ownership of the assets left by the decedent.

In cases of statutory inheritance, the application for notarization must include documents proving the relationship between the decedent and the statutory heirs as stipulated by the law on inheritance. In cases of testamentary inheritance, the application for notarization must include a copy of the will.

3. The notary must verify that the decedent is indeed the owner of the land use rights and assets, and that those requesting notarization are the rightful heirs; if there is doubt or evidence suggesting that the inheritance and its distribution are not in accordance with the law, the notary must refuse the notarization request or, at the request of the applicant, conduct an investigation or require an appraisal.

The notary organization has the responsibility to post the acceptance of the notarization of the agreement on the division of inheritance before proceeding with the notarization.

The notarized agreement on the division of inheritance serves as one of the grounds for competent state authorities to register the transfer of land use rights and asset ownership to the rightful heirs.

Article 58. Notarization of the declaration of acceptance of inheritance

1. The sole statutory heir or multiple statutory heirs who agree not to divide the inheritance have the right to request the notarization of the declaration of acceptance of inheritance.

2. The notarization of the declaration of acceptance of inheritance shall be carried out in accordance with the provisions of Clause 2 and Clause 3 of Article 57 of this Law.

3. The Government shall provide detailed regulations on the posting of the acceptance of the notarization of the agreement on the division of inheritance and the declaration of acceptance of inheritance.

Article 59. Notarization of the declaration of refusal to accept inheritance

An heir may request the notarization of the declaration of refusal to accept inheritance. When requesting the notarization of the declaration of refusal to accept inheritance, the applicant must present a copy of the will in cases of testamentary inheritance or documents proving the relationship between the decedent and the applicant under the law on inheritance; a death certificate or other documents proving that the decedent has died.

Article 60. Acceptance of safekeeping of wills

1. The testator may request a notary organization to accept the safekeeping of their will. Upon accepting the safekeeping of the will, the notary must seal the will in the presence of the testator, issue a receipt for safekeeping, and hand it over to the testator.

2. In cases where a notary organization has accepted the safekeeping of a will but subsequently ceases operations, changes, transfers, or dissolves, prior to such cessation, change, transfer, or dissolution, the notary organization must negotiate with the testator regarding the transfer of the safekeeping of the will to another notary organization. If no agreement can be reached, the will and the safekeeping fee must be returned to the testator.

3. The publication of a will kept at a notary organization shall be carried out in accordance with the civil law.

Article 61. Notarization of Translations

1. The translation of documents from Vietnamese to foreign languages or vice versa for notarization must be carried out by an interpreter who is a collaborator of a notary practice organization. The collaborator must be a graduate of a foreign language university or another university that is proficient in the foreign language. The collaborator shall be responsible to the notary practice organization for the accuracy and appropriateness of the content of the translation they perform.

2. The notary officer receiving the original document for translation shall check and hand it over to the interpreter, who is a collaborator of their organization, to carry out the translation. The interpreter must sign each page of the translation before the notary officer records the certification statement and signs each page of the translation.

Each page of the translation must be stamped with the phrase "Translation" in the blank space on the top right corner; the translation must be attached to a copy of the original document and stamped with an overlapping seal.

3. The notary officer's certification statement for the translation must clearly state the date and place of notarization, the name of the notary officer, the name of the notary practice organization; the name of the interpreter; certify that the signature in the translation is indeed the signature of the interpreter; certify that the content of the translation is accurate, does not violate the law, and does not contravene social morals; include the signature of the notary officer and the stamp of the notary practice organization.

4. A notary officer shall not accept and notarize translations in the following cases:

a) The notary officer knows or should know that the original document was issued beyond authority or is not valid; the original document is fake;

b) The document requested for translation has been erased, altered, added to, or subtracted from, or is damaged and worn out to the extent that its content cannot be clearly determined;

c) The document requested for translation contains state secrets; the document is prohibited from being disseminated according to the law.

5. The Minister of Justice shall specify the detailed model of the notary officer's certification statement for the translation.

Chapter VI

DATABASE OF NOTARIZATION AND STORAGE OF NOTARIZATION FILES

Article 62. Database of Notarization

1. The database of notarization includes information about the origin of assets, the transaction status of assets, and information about measures taken to prevent transactions related to contracts and transactions that have been notarized.

2. The provincial People's Committee is responsible for building the local notarization database and issuing regulations on the exploitation and use of the notarization database.

3. The Ministry of Justice shall take the lead in coordinating with the Ministry of Natural Resources and Environment, the Ministry of Construction, and other relevant ministries and sectors to guide the construction and management, exploitation of the notarization database at localities.

Article 63. Notarization Files

1. Notarization files include the request for notarization form, the original notarized document, copies of the documents submitted by the person requesting notarization, verification and appraisal documents, and other related documents.

2. Notarization files must be numbered in chronological order consistent with the record in the notarization book.

Article 64. Storage System for Notarization Files

1. Notary practice organizations must strictly preserve and implement safety measures for notarization files.

2. The original notarized document and other documents in the notarization file must be stored for at least twenty years at the office of the notary practice organization; if stored outside the office, written consent from the Department of Justice is required.

3. In case a competent state agency requests in writing the provision of notarization files for supervision, inspection, audit, investigation, prosecution, trial, and enforcement of judgments related to notarized matters, the notary practice organization shall be responsible for providing copies of the notarized documents and other related documents. The comparison of the copy of the notarized document with the original can only be conducted at the notary practice organization where the notarization files are stored.

4. The seizure and search of the premises of a notary practice organization must be carried out in accordance with the law and witnessed by representatives of the Department of Justice or representatives of the notary profession association in the locality.

5. In the event that a Notary Office is converted into a Notary Office, the notarization files shall be managed by the converted Notary Office.

In the event that a Notary Office is dissolved, the notarization files must be transferred to another Notary Office or a Notary Office designated by the Department of Justice.

In the event that a Notary Office ceases operations, that Notary Office must agree with another Notary Office regarding the acceptance of notarization files; if no agreement is reached or the Notary Office ceases operations due to the death of all general partners or declared dead by the Court, the Department of Justice will designate another Notary Office or Notary Office to accept the notarization files.

Article 65. Issuing Copies of Notarized Documents

1. The issuance of copies of notarized documents shall be carried out in the following cases:

a) At the request of competent authorities as provided for in Clause 3, Article 64 of this Law;

b) At the request of the parties to the contract or transaction, or persons with rights or obligations related to the contract or transaction that have been notarized.

2. The issuance of copies of notarized documents shall be performed by the notary organization currently storing the original notarized document.

Chapter VII

FEES FOR NOTARIZATION, COMPENSATION FOR NOTARIZATION AND OTHER EXPENSES

Article 66. Notarization Fees

1. Notarization fees include fees for notarizing contracts, transactions, translations, fees for keeping wills, and fees for issuing copies of notarized documents.

Persons requesting notarization of contracts, transactions, translations, keeping wills, or issuing 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.

Article 67. Compensation for Notarization

1. Persons requesting notarization must pay compensation when they ask the notary organization to draft contracts, transactions, type documents, photocopy, translate papers, and other matters related to notarization.

2. The People's Committee of the province shall issue the maximum compensation for notarization applicable to notary organizations in the locality. The notary organization shall determine the compensation for each type of work without exceeding the maximum compensation for notarization issued by the People's Committee of the province and publicly display the compensation levels at their headquarters. If a notary organization collects compensation higher than the maximum compensation and the displayed compensation levels, it shall be handled according to the provisions of the law.

3. The notary organization has the responsibility to clearly explain the compensation for notarization to the person requesting notarization.

Article 68. Other Expenses

1. In cases where the person requesting notarization requests verification, appraisal, or notarization outside the office of the notary organization, the person requesting notarization must pay the expenses for performing such tasks.

The level of expenses shall be agreed upon between the person requesting notarization and the notary organization. The notary organization shall not collect expenses higher than the agreed level.

2. The notary organization must clearly post the principles for calculating other expenses and has the responsibility to clearly explain specific expenses to the person requesting notarization.

Chapter VIII

STATE MANAGEMENT OF NOTARIZATION

Article 69. Responsibilities of the Government, Ministry of Justice, and Relevant Ministries and Agencies in State Management of Notarization

1. The Government shall uniformly manage state affairs concerning notarization.

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

a) Issuing or submitting to competent state agencies for issuance of legal normative documents on notarization;

b) Developing and submitting to the Government for approval policies for developing the notary profession, and submitting to the Prime Minister for approval the Master Plan for the Development of Notary Organizations nationwide;

c) Taking the lead and coordinating with relevant ministries and agencies to guide, implement, and manage the execution of the Master Plan for the Development of Notary Organizations nationwide;

d) Promoting and disseminating laws on notarization and policies for developing the notary profession;

e) Appointing, reappointing, and removing notaries;

f) Approving the Charter of the national social-professional organization of notaries after reaching consensus with the Ministry of Home Affairs; suspending the implementation and requiring amendments to regulations of the social-professional organization of notaries that contravene the Constitution, this Law, and other relevant legal normative documents;

g) Inspecting, auditing, handling violations, and resolving complaints and denunciations regarding notarization activities within its authority;

h) Regularly reporting annually to the Government on notarization activities;

i) Managing and implementing international cooperation in notarization activities;

j) Other tasks and powers as prescribed by this Law and other relevant legal normative documents.

3. The Ministry of Foreign Affairs shall be responsible for coordinating with the Ministry of Justice in guiding, inspecting, and auditing the implementation of notarization by Vietnamese representative offices abroad, organizing training for consular officials and diplomatic officials assigned to perform notarization; regularly reporting annually to the Ministry of Justice on notarization activities of Vietnamese representative offices abroad for consolidation and reporting to the Government.

4. Ministries and agencies equivalent to ministries within the scope of their tasks and powers shall be responsible for coordinating with the Ministry of Justice in managing state affairs concerning notarization.

Article 70. Tasks and Authorities of the People's Committee at the provincial level and Departments of Justice in State Management of Notarization

1. The People's Committee at the provincial level shall implement state management of notarization in the locality and have the following tasks and authorities:

a) Organizing the enforcement, dissemination, and popularization of laws on notarization and policies for the development of the notary profession;

b) Implementing measures to develop organizations practicing notarization within the area in accordance with the overall planning for the development of organizations practicing notarization approved by the Prime Minister;

c) Deciding on the establishment of Notary Offices, ensuring material bases and working tools for Notary Offices; deciding on the dissolution or transformation of Notary Offices in accordance with the provisions of this Law;

d) Issuing criteria for reviewing applications for the establishment of Notary Offices; deciding on permission to establish, change, and revoke permission to establish Notary Offices; permitting the transfer, merger, and consolidation of Notary Offices;

đ) Issuing the ceiling for notary fees in the locality;

e) Inspecting, auditing, handling violations, and resolving complaints and denunciations related to notarization within their jurisdiction; coordinating with the Ministry of Justice in inspection and auditing activities related to notarization;

g) Reporting to the Ministry of Justice on the establishment, transformation, and dissolution of Notary Offices; granting permission to establish, merge, consolidate, and transfer Notary Offices within the area. Annually reporting to the Ministry of Justice on notarization activities in the locality for compilation and reporting to the Government;

h) Other tasks and authorities as prescribed by this Law and other regulatory legal documents.

2. The Department of Justice shall be responsible for assisting the People's Committee at the provincial level in implementing state management of notarization in the locality, performing the tasks and authorities stipulated in this Law and other regulatory legal documents.

Chapter IX

HANDLING VIOLATIONS AND RESOLVING DISPUTES

Article 71. Handling Violations by Notaries

A notary who violates the provisions of this Law shall be subject to disciplinary action, administrative penalties, or criminal prosecution, depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Article 72. Handling Violations by Organizations Practicing Notarization

An organization practicing notarization that violates the provisions of this Law shall be subject to administrative penalties; if damage is caused, compensation must be provided in accordance with the law.

Article 73. Handling Violations by Individuals or Organizations Infringing upon the Legal Rights and Interests of Notaries or Organizations Practicing Notarization

An individual or entity with authority who infringes upon the legal rights and interests of notaries or organizations practicing notarization, or obstructs notaries or organizations practicing notarization from exercising their rights and obligations, shall be subject to disciplinary action or criminal prosecution, depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Article 74. Handling Violations by Individuals or Organizations Engaging Illegally in Notarization

1. An individual who engages in notarization without meeting the conditions for practicing notarization in any form must cease the illegal activity, be subject to administrative penalties or criminal prosecution, and provide compensation in accordance with the law if damage is caused.

2. An organization that engages in notarization without meeting the conditions for practicing notarization in any form must cease the illegal activity, be subject to administrative penalties, and provide compensation in accordance with the law if damage is caused.

Article 75. Handling Violations Against Individuals Requesting Notarization

If individuals requesting notarization provide false information, submit fraudulent documents, use forged papers or texts, illegally alter or erase documents or texts, or engage in other deceptive acts when requesting notarization, they shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation, and must compensate for any damages according to the law.

Article 76. Dispute Resolution

In cases where disputes arise between individuals requesting notarization and notaries or notary offices regarding their professional activities, the parties have the right to initiate litigation with the court to resolve such disputes.

Chapter X

IMPLEMENTING PROVISIONS

Article 77. Authentication of Copies from Originals and Signature Verification in Documents by Notaries

1. Notaries may authenticate copies from originals and verify signatures in documents.

2. The authentication of copies from originals and signature verification in documents shall be carried out in accordance with the provisions of the law on authentication.

Article 78. Notarization by Overseas Representative Offices of the Socialist Republic of Vietnam

1. Diplomatic representative offices and consular representative offices of the Socialist Republic of Vietnam abroad may notarize wills, documents refusing inheritance, power of attorney documents, and other contracts and transactions as stipulated by this Law and laws on consular and diplomatic affairs, except for contracts involving the sale, exchange, transfer, gift, lease, mortgage, or capital contribution with real estate in Vietnam.

2. Consular officials and diplomatic officials assigned to perform notarization must hold a bachelor's degree in law or have been trained in notarial practice.

3. Consular officials and diplomatic officials performing notarization shall follow the procedures set forth in Chapter V of this Law and shall have the rights specified in points c, d, and e of Clause 1 and the obligations specified in points a, c, d, and e of Clause 2 of Article 17 of this Law.

Article 79. Transitional Provisions

1. Within twenty-four months from the date this Law comes into effect, notary offices established by a single notary under the Notarization Law No. 82/2006/QH11 must convert into notary offices organized and operated in accordance with Article 22 of this Law. Notary offices established by a single notary that fail to complete the conversion within this period shall have their establishment permits revoked by the provincial People's Committee and their notarization activity registrations revoked by the Department of Justice.

The Ministry of Justice shall guide the procedures for converting notary offices as provided in this clause.

2. Notary offices established before the effective date of this Law shall retain their registered names. In cases where notary offices change any of the contents specified in Clause 3 of Article 23 of this Law from the date this Law becomes effective, they must re-register their operations; if they change any of the contents specified in Clause 2 of Article 24 of this Law, they must change their office names in compliance with the provisions of Clause 3 of Article 22 of this Law.

3. Professional organizations established before the effective date of this Law must purchase professional liability insurance for notaries in accordance with Article 37 of this Law within ninety days from the date the Law takes effect.

4. The Code of Ethics for Notarial Practice issued together with Circular No. 11/2012/TT-BTP dated October 30, 2012, of the Ministry of Justice shall continue to be implemented until the professional association of notaries established under Article 39 of this Law promulgates new rules of professional ethics.

Article 80. Effective Date

This Law shall take effect from January 1, 2015.

The Notarization Law number 82/2006/QH11 shall cease to be effective from the date this Law takes effect.

Article 81. Detailed Provisions

The Government shall provide detailed regulations for the Articles and Clauses assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the thirteenth session, seventh meeting on June 20, 2014.