Decree No. 61/2009/NĐ-CP on the organization and operation of Notaries conducting pilot activities in Ho Chi Minh City

DECREE

On the organization and operation of Notaries conducting a pilot program in Ho Chi Minh City

 ______________________________________

THE GOVERNMENT

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

Pursuant to Resolution No. 24/2008/QH12 dated November 14, 2008 of the XIIth National Assembly;

Considering the proposal of the Minister of Justice.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates on Notaries, Notary offices; the scope and procedures for Notaries to perform their tasks; handling complaints and reports and supervising the activities of Notaries conducting a pilot program in Ho Chi Minh City.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. A Notary is a person appointed by the State to carry out civil enforcement proceedings, service of documents, issuance of notarial certificates, and other tasks as prescribed by this Decree and relevant laws.

2. A notarial certificate is a document issued by a Notary recording events and actions that can be used as evidence in court proceedings and other legal relations.

3. Service means the act of notifying and delivering court and civil enforcement agency documents by a Notary in accordance with the law.

Article 3. Tasks of Notaries

1. Carry out service at the request of the Court or Civil Enforcement Agency.

2. Issue notarial certificates at the request of individuals, agencies, or organizations.

3. Verify conditions for enforcement at the request of parties involved.

4. Directly organize the enforcement of court judgments and decisions at the request of parties involved. Notaries shall not organize the enforcement of judgments and decisions that the head of the Civil Enforcement Agency initiates the enforcement decision.

Article 4. Ensuring the effectiveness of Notary operations

1. State agencies, political organizations, socio-political organizations, social organizations, occupational associations, economic organizations, and people's armed forces units within their respective duties and powers, and individuals have the responsibility to comply with the requests of Notaries as prescribed by law.

2. If an agency, organization, or individual refuses a Notary's request contrary to the law, they must bear responsibility and compensate for any damage incurred.

Article 5. Duties and Powers of Notaries

1. To be honest and impartial when performing tasks; strictly comply with the law, organizational regulations, operational rules, and professional ethics of Notaries; bear legal responsibility for the performance of their tasks.

2. When performing civil enforcement tasks, Notaries have the rights as Enforcement Officers as stipulated in Article 20 of the Civil Enforcement Law, except for Clause 9, Clause 10, and administrative penalty authority. For compulsory enforcement, mobilization of security forces is regulated under Article 40 of this Decree.

Article 6. Matters Notaries Shall Not Engage In

1. Not disclose information about the performance of their tasks, except where permitted by law.

2. Not demand any material benefits beyond the costs recorded in the contract.

3. While performing their duties, Notaries shall not undertake matters related to their own rights and interests or those of their close relatives, including: spouse, children (both biological and adopted), parents (both biological and adopted), grandparents, great-grandparents, uncles, aunts, cousins, brothers, sisters, and nephews, nieces of the Notary, spouse, or children of the Notary’s spouse; grandchildren who are the Notary’s grandchild.

4. Other prohibited tasks as prescribed by law.

Article 7. Costs for performing tasks of Notaries

1. The costs for performing tasks of Notaries must be recorded in the contract between the Notary Office and the person requesting the service.

2. The costs for establishing notarized evidence and verifying enforcement conditions shall be agreed upon between the person requesting and the Notary Office based on the work performed or the hours worked.

The Notary Office and the person requesting may agree on additional actual expenses including travel costs; service fees for information-providing agencies if applicable; allowances for witnesses, participants, or other costs if any.

3. The costs for serving documents are agreed upon between the Court and the Civil Enforcement Agency with the Notary Office:

a) For service of documents where the parties are required to bear the costs according to the law, the Court or the Civil Enforcement Agency collects and transfers the amount to the Notary Office.

b) For service of documents where the state budget bears the costs according to the law, the Court or the Civil Enforcement Agency transfers the amount to the Notary Office.

4. In cases where the Notary Office directly organizes enforcement, it may collect costs at the level of civil enforcement fees as prescribed by law.

For complex cases, the Notary Office and the party requesting enforcement may agree on the costs for performing the work.

5. Where the person subject to enforcement is entitled to exemption or reduction of enforcement fees, or the person required to enforce is exempted or reduced from enforcement costs according to the law, the Head of the Notary Office shall prepare a file to request the Head of the Civil Enforcement Agency of Ho Chi Minh City to issue a decision on exemption or reduction to process the refund of the exempted or reduced amount from the state budget to the Notary Office.

6. The Ministry of Justice shall take the lead and coordinate with the Supreme People's Court and the Ministry of Finance to provide guidance on the costs for performing tasks of Notaries.

Article 8. State Management of Notaries

1. The Government shall uniformly manage the state management of Notaries.

2. The Ministry of Justice assists the Government in managing the state management of Notaries and has the following tasks and powers:

a) Issuing regulations within its authority and proposing competent authorities to issue normative legal documents on Notaries;

b) Providing business guidance, inspecting, and auditing Notary activities;

c) Training and educating Notaries;

d) Appointing, dismissing Notaries; issuing, revoking Notary cards;

đ) Resolving complaints and denunciations regarding Notary activities in accordance with the law.

3. The People's Committee of Ho Chi Minh City manages the state management of Notaries locally and has the following tasks and powers:

a) Planning and developing the Notary profession locally; promoting and disseminating laws on Notaries;

b) Approving the establishment and dissolution of Notary Offices;

c) Directing inspections, audits, handling violations, and resolving complaints and denunciations concerning Notary activities.

4. The Department of Justice of Ho Chi Minh City assists the People's Committee of Ho Chi Minh City in managing the state management of Notaries locally and has the following tasks and powers:

a) Receiving files and processing procedures to submit to the Minister of Justice for the appointment and dismissal of Notaries;

b) Receiving files and processing procedures to submit to the People's Committee of Ho Chi Minh City for approval of the establishment and dissolution of Notary Offices;

c) Issuing and revoking registration certificates for Notary Offices;

d) Inspecting and auditing Notary activities;

đ) Resolving complaints and denunciations concerning Notary activities in accordance with the law.

Article 9. Preferential policies for individuals and organizations practicing Notary Public

1. The State encourages individuals to participate in the practice of Notary Public

2. Notary Public offices are exempt from corporate income tax during the pilot implementation period.

Chapter II

NOTARY PUBLIC, NOTARY PUBLIC OFFICE

Section 1

NOTARY PUBLIC

Article 10. Criteria for appointing Notary Publics

1. Being a Vietnamese citizen, in good health, with good moral character;

2. Having no criminal record;

3. Holding a bachelor's degree in law;

4. Having worked in the legal field for more than five years or having previously been a Judge, Prosecutor, Lawyer; Enforcement Officer, Notary Public, Investigator at the college level or above;

5. Holding a certificate of completion of a training course on the Notary Public profession organized by the Ministry of Justice;

6. Not concurrently practicing Notary Public, Lawyer, or other work as prescribed by law.

Article 11. Authority to appoint Notary Publics

The Minister of Justice appoints Notary Publics based on the proposal of the Director of the Ho Chi Minh City Department of Justice.

Article 12. Procedures for appointing Notary Publics

1. Individuals wishing to be appointed as Notary Publics must submit an application to the Ho Chi Minh City Department of Justice. The application includes: A request for appointment as a Notary Public; a health certificate; personal history and judicial background form; copies of diplomas, certificates, and other necessary documents as stipulated in Article 10 of this Decree.

2. Within fifteen days from the date of receiving the application, the Director of the Ho Chi Minh City Department of Justice will review it, and if the conditions are met, propose the appointment to the Minister of Justice.

In case the Ho Chi Minh City Department of Justice rejects the application, they must provide a written response to the applicant.

3. The Minister of Justice will consider the appointment within thirty days from the date of receipt of the application.

4. Appointed Notary Publics will be issued a Notary Public card by the Ministry of Justice.

Article 13. Dismissal of Notary Publics

Notary Publics may be dismissed in the following cases:

1. Dismissal according to the individual's own wishes.

2. Dismissal in the following circumstances:

a) No longer meeting the criteria set forth in Article 10 of this Decree.

b) Losing or being restricted in civil capacity;

c) Not practicing as a Notary Public for six months or more since being appointed, except for valid reasons;

d) Having been administratively punished twice for violations in the practice of Notary Public and continuing to violate, or being penalized with a warning or higher punishment twice and continuing to violate;

e) Being convicted by a court judgment that has taken legal effect.

3. The Minister of Justice, either on their own initiative or upon the proposal of the Ho Chi Minh City Department of Justice, decides to dismiss the Notary Public.

The application for dismissal of a Notary Public under paragraph 1 of this Article must include a resignation letter submitted to the Ho Chi Minh City Department of Justice and a proposal from the Ho Chi Minh City Department of Justice.

The application for dismissal of a Notary Public under paragraph 2 of this Article must include relevant documents serving as the basis for the dismissal proposal.

4. Within fifteen working days from the date of receiving the application for dismissal of a Notary Public, the Minister of Justice will review and decide on the dismissal and revoke the Notary Public card.

Article 14. Handling Violations by Notaries

1. Depending on the degree and nature of the violation, notaries may be subject to administrative violation handling as prescribed by laws on administrative violation handling.

2. In addition to the administrative violation handling form prescribed in Clause 1 of this Article, notaries may also be subject to handling through the following forms:

a) Removal from office and revocation of the notary card, except where such handling form has already been included in the administrative violation handling.

b) Criminal liability pursuit, if there is damage that must be compensated according to the provisions of the law.

3. Authority for handling violations:

a) Authority for handling administrative violations as prescribed by laws on administrative violation handling,

b) The Minister of Justice has the authority to handle violations through the form of removal from office and revocation of the notary card.

c) Handling of criminal and civil liabilities shall be carried out according to the provisions of the law.

Section 2

NOTARY OFFICE

Article 15. Notary Office

1. A notary office is a professional organization of notaries.

2. The name of a notary office must include the phrase "Notary Office" followed by a specific name. Naming and signage shall be conducted in accordance with the provisions of the law.

3. The organizational structure of a notary office includes:

a) The head of the office must be a notary who is the legal representative of the notary office.

b) Notaries who are founding members, in cases where multiple individuals jointly establish a notary office; notaries working under contracts at a notary office.

c) Notary business secretaries are office employees assisting notaries in performing legal business tasks. Notary business secretaries must meet the criteria stipulated in Clauses 1, 2, 3, and 6 of Article 10 of this Decree.

d) Accounting staff;

e) Other administrative staff (if any).

4. A notary office has its own headquarters, seal, and separate bank account, operating on the principle of financial autonomy. The notary office seal does not bear the national emblem and is regulated by the Ministry of Public Security.

5. The organizational structure, management, operation, and financial system of a notary office shall be implemented according to the provisions of this Decree; in cases where this Decree does not provide for, the provisions of the Enterprise Law shall apply.

6. The Ministry of Justice shall prescribe the system of ledgers, business forms, information systems, and reporting procedures for notary offices.

Article 16. Conditions for Establishing a Notary Office

The establishment of a notary office must meet the following conditions:

1. The headquarters of the notary office must have an area sufficient for operations, document storage, and convenience for clients; it must have other necessary material conditions for operation.

2. Organizational structure as prescribed in Clause 3 of Article 15 of this Decree.

Article 17. Procedures for Establishing a Notary Office

1. When a notary establishes a notary office, they must submit an application for establishing a notary office to the Department of Justice of Ho Chi Minh City for submission to the People's Committee of Ho Chi Minh City. The application includes:

a) An application for establishing a notary office;

b) A proposal for establishing a notary office, which clearly states the necessity of establishment; the proposed organizational structure, name; support staff, including the number, position, professional qualifications, and political integrity of each individual; location of the headquarters; material conditions and implementation plans.

Attached to the proposal must be documents proving compliance with the conditions for establishing a notary office as stipulated in Article 16 of this Decree.

c) A copy of the decision appointing the notary.

2. Within fifteen days from the date of receipt of the complete application for establishing a notary office, the Department of Justice of Ho Chi Minh City must review and submit to the People's Committee of Ho Chi Minh City for consideration and decision to allow the establishment of a notary office. In case of refusal, a written notification with reasons must be provided. The person refused has the right to appeal according to the provisions of the law.

Article 18. Registration for Notary Public Office Activities

1. Conditions for registering Notary Public Office activities:

a) Must open an account and register tax code;

b) Must deposit a guarantee of 100 million Vietnamese dong for each Notary Public or have professional liability insurance. The guarantee shall be deposited at a credit institution within Ho Chi Minh City;

c) Documents proving the conditions for establishing and operating a Notary Public Office.

2. Within thirty days from the date of receiving the decision to establish, the Notary Public Office must register its activities with the Department of Justice of Ho Chi Minh City.

When registering activities, there must be an application for registration and documents proving the conditions for registering Notary Public Office activities as stipulated in Clause 1 of this Article.

Within ten working days from the date of receiving the registration documents, the Department of Justice of Ho Chi Minh City shall issue a registration certificate for the Notary Public Office; in case of refusal, it must notify in writing and specify the reasons. The person refused has the right to appeal according to the provisions of the law.

The Notary Public Office may operate from the date the Department of Justice of Ho Chi Minh City issues the registration certificate.

3. When changing the office address, name, or list of Notary Publics, the Notary Public Office must immediately notify in writing the Department of Justice of Ho Chi Minh City where the registration was made. In cases of changing the office address or name, the Notary Public Office will be reissued a registration certificate.

4. Within ten working days from the date of issuing the registration certificate or reissuing the registration certificate due to changes in the office address or name, the Department of Justice of Ho Chi Minh City must notify in writing the Tax Department of Ho Chi Minh City, Statistical Agency, Police of Ho Chi Minh City, People's Committee of the district in Ho Chi Minh City, and People's Committee of the commune where the Notary Public Office is located.

5. The person establishing the Notary Public Office shall not transfer or sublet the Notary Public Office.

Article 19. Publishing the Content of Registration for Notary Public Office Activities

1. Within thirty days from the date of obtaining the registration certificate, the Notary Public Office must publish in a central newspaper or local newspaper where the registration was made for three consecutive issues about the following contents:

a) Name and address of the Notary Public Office;

b) Names and appointment decision numbers of Notary Publics practicing in the Notary Public 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 cases of reissuing the registration certificate due to changes in the office address or name, the Notary Public Office must publish the contents of the reissued registration certificate according to the provisions of Clause 1 of this Article.

Article 20. Handling Violations of Notary Public Offices

1. Depending on the nature and degree of violation, the Notary Public Office may be subject to handling through one of the following forms:

a) Suspension of operations for a period of three to twelve months;

b) Termination of operations and revocation of the establishment permit for the Notary Public Office.

2. Violations of the Notary Public Office may be subject to administrative penalties according to the provisions of the law on administrative violations, if causing damage, compensation must be provided according to the provisions of the law.

3. Authority for handling violations:

a) The Director of the Department of Justice of Ho Chi Minh City has the authority to handle violations with the form prescribed in Point a, Clause 1 of this Article;

b) The Chairman of the People's Committee of Ho Chi Minh City has the power to handle violations with the form prescribed in Point b, Clause 1 of this Article.

Chapter III

PROCEDURES FOR NOTARY PUBLIC ACTIVITIES

Section 1

SERVE DOCUMENTS FROM THE EXECUTION DEPARTMENT OF CIVIL CASES AND COURTS

Article 21. Jurisdiction and Scope of Service

1. The Notary Public Office has the right to agree to serve documents of the Civil Enforcement Agency of Ho Chi Minh City, the Civil Enforcement Agencies of districts and counties in Ho Chi Minh City; the People's Court of Ho Chi Minh City and the People's Courts of districts and counties in Ho Chi Minh City.

2. Notaries have the right to perform service of documents of courts and civil enforcement agencies as stipulated in Clause 1 of this Article outside the territory of Ho Chi Minh City.

Article 22. Delivery and Receipt of Service Documents

Civil Enforcement Agencies and Courts must prepare a list of decisions and papers requiring service to be handed over to the Notary Public Office, specifying the time required to complete the service. The list of decisions and papers requiring service must be prepared in two copies, when handing over, representatives of the Notary Public Office, the Civil Enforcement Agency, or the Court must sign on the list of documents, each party retains one copy.

Decisions and papers received from the Civil Enforcement Agency or the Court for service must be recorded in the tracking book of the Notary Public Office.

Article 23. Procedures for Service

1. The head of the Notary Public Office may assign a Notary Public clerk to carry out the service, except in cases where the parties have agreed that the service must be carried out by the Notary Public himself/herself.

2. The procedure for notifying civil enforcement shall be implemented in accordance with the provisions of the law on civil enforcement.

3. The procedure for serving court documents shall be implemented in accordance with the provisions of the procedural law.

4. Service is considered completed if it is carried out according to the procedures prescribed in Clauses 2 and 3 of this Article. The Notary Public must notify the results of the service, accompanied by documents proving the completion of the service to the Civil Enforcement Agency or the Court no later than two working days from the date of completing the service, except in cases where the parties have agreed otherwise.

The results of the service must be recorded in the case registration book of decisions and papers requiring service.

5. The Notary Public Office shall be responsible before the Court and the Civil Enforcement Agency for inaccurate, non-compliant, or untimely service; if causing damage, compensation must be provided in accordance with the regulations.

Article 24. Agreement on Service

1. The service agreement is signed between the Notary Public Office and the Civil Enforcement Agency or the Court in the form of a contract and includes the following main contents:

a) Documents to be served; notifications to be made;

b) Contract performance period;

c) Procedures for service or notification;

d) Rights and obligations of the parties;

đ) Service fee.

2. One Civil Enforcement Agency or one Court can only enter into a contract with one Notary Public Office. A Notary Public Office has the right to enter into service contracts with multiple Civil Enforcement Agencies or multiple Courts in Ho Chi Minh City as stipulated in Article 21 of this Decree.

Section 2

ESTABLISHING VI BYEUNG

Article 25. Jurisdiction and Scope of Creating Notarial Certificates

1. Notaries have the right to create notarial certificates for events and actions at the request of the parties, except in cases prescribed in Article 6 of this Decree, cases violating regulations on security, defense, privacy, social ethics, and cases prohibited by law.

2. Notaries can create notarial certificates for events and actions occurring within the territory of Ho Chi Minh City.

Article 26. Procedure for Establishing Notarial Certificate

1. The notary must personally carry out the establishment of the notarial certificate. A notary's clerk may assist the notary in establishing the notarial certificate, but the notary shall be responsible for the notarial certificate established by himself/herself.

2. The notarial certificate only records events and actions that the notary directly witnesses; the recording must be objective and truthful.

3. In necessary cases, the notary has the right to invite witnesses to observe the establishment of the notarial certificate.

4. The notarial certificate is established in three original copies: one copy is handed over to the person requesting it; one copy is sent to the Department of Justice of Ho Chi Minh City for registration within three working days from the date of establishing the notarial certificate; one copy is stored at the notary's office in accordance with the legal regulations on the retention system for notarized documents.

5. Within no more than two working days from the date of receiving the notarial certificate, the Department of Justice of Ho Chi Minh City must record the notarial certificate in the registry book.

Article 27. Form and Main Content of Notarial Certificate

1. The notarial certificate is established in a written document in Vietnamese and includes the following main contents:

a) Name and address of the notary's office; name and surname of the notary establishing the notarial certificate;

b) Location, time, date, month, year of establishing the notarial certificate;

c) Other participants (if any);

d) Name, address, and specific content of the request for establishing the notarial certificate of the person requesting it;

đ) Specific content of the recorded event or action;

e) The notary's declaration of truthfulness and objectivity in establishing the notarial certificate;

g) Signature of the notary establishing the notarial certificate and stamp of the notary's office, signatures of other participants and witnesses (if any), and may include signatures of persons whose actions are being recorded.

2. Accompanying the notarial certificate may be images, video recordings, and other evidentiary materials.

Article 28. Legal Value of Notarial Certificate Established by Notary

1. The notarial certificate has evidentiary value for the court to consider when adjudicating a case.

2. The notarial certificate serves as a basis for implementing other lawful transactions as prescribed by law.

Article 29. Agreement on Establishing Notarial Certificate

1. Individuals and organizations wishing to establish a notarial certificate must agree with the Head of the Notary Office on the establishment of the notarial certificate with the following main contents:

a) Content to be recorded in the notarial certificate;

b) Location and time of establishing the notarial certificate;

c) Cost of establishing the notarial certificate;

d) Other agreements, if any.

2. The agreement on establishing the notarial certificate is established in two copies, each party retains one copy.

The person requesting must provide relevant information and documents related to the establishment of the notarial certificate, if any.

3. The Notary Office must record the agreement on establishing the notarial certificate in its tracking book.

Section 3

CONFIRMATION OF CONDITIONS FOR CIVIL ENFORCEMENT

Article 30. Authority and Scope of Confirmation of Conditions for Enforcement

The notary has the authority to confirm conditions for enforcement related to the enforcement of cases within the jurisdiction of civil enforcement agencies in Ho Chi Minh City.

When performing this task, the notary has the authority to confirm conditions for enforcement outside the territory of Ho Chi Minh City where the parties reside, have assets, or have conditions for enforcement outside the territory of Ho Chi Minh City.

Article 31. Procedure for Confirming Conditions for Enforcement

1. The confirmation of conditions for enforcement is carried out through a written request or direct confirmation. When directly confirming the conditions for enforcement of the parties, the notary must establish a record.

Relevant agencies, organizations, and individuals must comply with the requests of the notary and bear responsibility for the content of the information provided.

2. In necessary cases, the notary has the right to invite specialized agencies or experts to clarify the matters needing confirmation.

3. Other provisions regarding the procedure for confirming conditions for enforcement are implemented in accordance with the legal regulations on enforcement.

Article 32. Use of Verification Results on Execution Conditions

1. The person subject to execution has the right to use the verification results on execution conditions conducted by the Notary Public to request enforcement. The civil enforcement agency and the notary public office with jurisdiction over the case shall organize enforcement based on the verification results.

2. In cases where there is evidence to determine that the verification results are not objective or accurate, another civil enforcement agency or notary public office may choose not to use such results but must provide a written response detailing the reasons.

Article 33. Agreement on Verification of Execution Conditions

1. The person subject to execution, the person required to execute, and those with rights or interests related to the execution may agree with the Head of the Notary Public Office regarding the verification of execution conditions. The agreement document must include the following main contents:

a) The content to be verified, specifying in detail the requirements for verifying property conditions or other conditions of the parties involved;

b) The time frame for conducting the verification;

c) The rights and obligations of the parties;

d) The costs of verification;

đ) Other agreements, if any.

2. The Notary Public Office must record the above agreement in its monitoring logbook.

Section 4

DIRECT ENFORCEMENT OF JUDGMENTS AND DECISIONS AT THE REQUEST OF THE PARTIES

Article 34. Authority and Scope of Enforcement by Notary Public

1. The Notary Public has the authority to directly organize enforcement according to the request of the party for the following judgments and decisions:

a) First-instance judgments and decisions that have taken effect from the People's Court at the district level where the Notary Public's office is located;

b) Second-instance judgments and decisions from the People's Court at the provincial level concerning first-instance judgments and decisions from the People's Court at the district level where the Notary Public's office is located;

c) Supervisory and retrial decisions from the People's Court at the provincial level concerning judgments and decisions that have taken legal effect from the People's Court at the district level where the Notary Public's office is located.

2. The Notary Public may organize enforcement of cases stipulated in Clause 1 of this Article outside the district or county where their office is located if the parties have assets, reside, or have other conditions outside the district or county where the Notary Public's office is located.

Article 35. Right to Request Enforcement

1. For the same content of the request and at the same time, the requesting party only has the right to submit a request to one Notary Public Office or Civil Enforcement Agency to organize enforcement.

The party has the right to request the Notary Public Office to verify the conditions for civil enforcement when the case is being directly organized for enforcement by the Civil Enforcement Agency.

2. The statute of limitations for requesting enforcement is governed by the Law on Civil Enforcement.

Article 36. General Procedures for Enforcement by Notary Public

The Notary Public implements enforcement procedures in accordance with the provisions of this Decree; in cases where this Decree does not provide, it shall apply the provisions of the law on civil enforcement.

Article 37. Enforcement Decision

1. The Head of the Notary Public Office issues an enforcement decision within five working days from the date of signing the agreement contract for enforcement with the requesting party, except in cases where the parties have agreed otherwise.

2. The enforcement decision includes the following contents:

a) Name and address of the Notary Public Office;

b) Date of issuance of the document;

c) Content requiring the party subject to execution to perform;

d) Time limit for the party subject to execution to voluntarily perform.

3. The Notary Public Office must record the enforcement decision in its monitoring logbook.

4. The enforcement decision must be sent to the Civil Enforcement Agency at the district level where the Notary Public Office is located for coordination in enforcement.

Article 38. Application of measures to ensure enforcement

Notaries have the right to apply the measures to ensure enforcement prescribed in Clause 3, Article 66 of the Civil Enforcement Law. When applying measures to ensure enforcement, notaries have the rights and obligations as enforcement officers and implement the procedures prescribed in Articles 66, 67, 68, and 69 of the Civil Enforcement Law.

Article 39. Application of coercive measures for enforcement

1. After the voluntary compliance period set forth in the enforcement decision has expired, notaries have the right to issue a decision to apply the coercive measures for enforcement prescribed in Article 71 of the Civil Enforcement Law, except in cases where they propose the Head of the Civil Enforcement Agency of Ho Chi Minh City to issue an enforcement coercive decision according to the provisions of Article 40 of this Decree.

2. The decision on coercive enforcement of civil judgments shall include the following main contents:

a) Name, address of the notary office; name and surname of the notary issuing the coercive enforcement decision;

b) Basis for issuing the coercive enforcement decision;

c) Object and coercive enforcement measures applied;

d) Time and place of applying coercive enforcement measures.

3. When applying coercive measures, notaries have the rights and obligations as enforcement officers and must comply with the regulations on civil enforcement.

Article 40. Application of coercive measures in cases requiring mobilization of security forces

1. In cases where enforcement requires the mobilization of security forces, the notary office must develop a coercive enforcement plan; submit a document to the Head of the Civil Enforcement Agency of Ho Chi Minh City along with the enforcement file for the Head of the Civil Enforcement Agency of Ho Chi Minh City to consider, issue a coercive enforcement decision, and approve the coercive enforcement plan.

2. Within no more than five working days from the date of receipt of the request document from the notary office, the Head of the Civil Enforcement Agency of Ho Chi Minh City must issue a coercive enforcement decision and approve the coercive enforcement plan. For urgent requests requiring immediate application of coercive measures to ensure enforcement, the Head of the Civil Enforcement Agency of Ho Chi Minh City must provide comments within one working day from the date of receipt of the request document from the notary office.

If approval is not granted, a document must be issued explaining the reasons.

3. After approval, notaries must carry out coercive enforcement in accordance with the regulations on civil enforcement and the provisions of this Decree regarding coercive enforcement.

Article 41. Costs of Coercive Enforcement

1. The person subject to enforcement and the person entitled to enforcement shall bear the costs of compulsory execution as prescribed by civil enforcement laws.

2. Notaries bear the costs of coercive enforcement if the enforcement needs to be redone due to the fault of the notary.

3. The person entitled to enforcement and the notary may agree on additional funding for the costs of coercive enforcement to organize the enforcement process.

Article 42. Payment of Enforcement Money

The amount of enforcement money, after deducting enforcement costs, shall be paid as follows:

1. The enforcement money collected from a particular case, the notary shall pay to the person entitled to enforcement according to the enforcement request document after deducting the notary's costs as prescribed and agreed between the notary and the parties. Any remaining amount, if any, the notary must return to the person obligated to enforce.

2. If the person obligated to enforce must enforce against multiple persons entitled to enforcement by the same notary office, the enforcement money collected according to a coercive enforcement decision shall be paid to those entitled to enforcement who have submitted claims up to the time of that decision. The remaining amount shall be paid to those entitled to enforcement according to other enforcement decisions up to the payment time. The payment shall be made in the following priority order:

a) Maintenance payments; wages, labor remuneration, severance pay, unemployment benefits, disability allowances; compensation for damage to life, health, and mental distress;

b) Other debts under judgments and decisions.

If there are multiple persons entitled to enforcement in the same priority level, the payment shall be made in proportion to the amounts they are entitled to enforce.

3. The proceeds from the sale of collateral, pledged assets, or assets declared attached by judgment or decision to secure a specific obligation shall be prioritized to pay off that obligation after deducting enforcement costs.

4. The order of payment of enforcement money in bankruptcy cases shall be carried out in accordance with the provisions of the Bankruptcy Law.

5. Within ten days from the date of receipt of the money, the notary must carry out the payment of enforcement money as stipulated in Clauses 1, 2, 3, and 4 of this Article.

6. The notary office must cooperate with the Civil Enforcement Agency in handling the assets of the person obligated to enforce to ensure enforcement.

Article 43. Termination of Enforcement Proceedings

1. The enforcement proceedings conducted by the Notary shall be terminated in the following cases:

a) The person subject to enforcement has fulfilled all obligations under the enforcement request document, or the person subject to enforcement or the person entitled to enforcement is an individual who has died, or an organization or enterprise that has been declared bankrupt or dissolved without anyone inheriting their rights and obligations as prescribed by law;

b) The case is suspended according to the provisions of the law;

c) By agreement between the Notary and the parties involved.

2. Legal consequences of terminating the enforcement proceedings conducted by the Notary:

a) When the enforcement proceedings are terminated, the notary office and the party requesting enforcement must liquidate the enforcement request document;

b) For any remaining funds or assets without a recipient, the notary office shall handle them in accordance with the Civil Enforcement Act and laws on unclaimed property.

Article 44. Agreement on Enforcement

1. The party requesting enforcement and the notary office may agree on the enforcement proceedings. The agreement document shall take the form of a contract and include the following main contents:

a) Date of the enforcement request;

b) Amounts requested for enforcement pursuant to the judgment or decision;

c) Costs and payment methods;

d) Other agreements, if any.

The enforcement agreement document shall be made in two copies, each party holding one copy.

2. The notary office must record the enforcement agreement document in its registry.

Chapter IV

COMPLAINTS, REPORTS AND SUPERVISION OF NOTARY ACTIVITIES

Article 45. Resolution of Complaints Regarding the Execution of Service and Civil Enforcement by the Notary

1. Parties and related persons have the right to complain about the decisions and actions of the Notary in directly enforcing civil judgments and serving documents, if they believe such decisions and actions are contrary to the law and infringe upon their rights and interests.

2. Complaint handling shall be carried out as follows:

a) The Director of the Department of Justice of Ho Chi Minh City shall issue a first-instance decision to resolve the complaint within thirty days from the date of receipt of the complaint.

b) In case the complainant disagrees with the decision resolving the complaint issued by the Director of the Department of Justice of Ho Chi Minh City, the complainant has the right to appeal to the Minister of Justice. The Minister of Justice shall resolve the complaint within forty-five days from the date of receipt of the complaint. The decision of the Minister of Justice to resolve the complaint is the final decision and shall be enforceable.

Article 46. Resolution of Disputes Concerning the Establishment of Certified Copies by the Notary

In the event of disputes over the establishment of certified copies, the parties have the right to initiate litigation to request the court to resolve the matter.

Article 47. Resolution of Reports of Illegal Actions by the Notary

Citizens' reports of illegal actions by the Notary shall be handled in accordance with the Law on Complaints and Reports and relevant regulations.

Article 48. Supervision of Notary Activities

The supervision of Notary activities shall be carried out in accordance with the Organization Law of the People's Procuracy and relevant laws.

Chapter V

IMPLEMENTING PROVISIONS

Article 49. Effective Date

1. The provisions of this Decree also apply when piloting Notaries in other provinces and centrally-run cities.

2. This Decree takes effect from September 9, 2009.

Article 50. Handling issues when dissolving or ceasing operations of Notary Public offices

1. The handling of material liability shall be carried out in accordance with the provisions of business law.

2. Civil enforcement case files shall be transferred to the Civil Enforcement Agency of Ho Chi Minh City for storage in accordance with the file retention system for civil enforcement cases. Notarial certificates and related documents shall be transferred to the Department of Justice of Ho Chi Minh City for archiving.

Article 51. Responsibility for Implementation

1. The Ministry of Justice shall take the lead and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of Finance to guide the implementation of this Decree.

2. The Ministry of Justice shall take the lead and coordinate with the People's Committee of Ho Chi Minh City to prepare necessary conditions for selecting, appointing, and establishing some Notary Public offices according to the approved plan of the Prime Minister.

3. The People's Committee of Ho Chi Minh City shall develop a plan to implement this Decree during the pilot period from July 1, 2009 to July 1, 2012; direct the People's Committees at all levels and relevant agencies on the territory to cooperate, support, and create favorable conditions for Notaries to perform their duties./.