Decree No. 75/2000/NĐ-CP on Notarization and Authentication

DECREE

Regarding notarization and certification

__________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Civil Code dated October 28, 1995;

To meet the increasing demand of individuals and organizations for notarization and certification, contributing to serving the economic and social development of the country, while strengthening state management over notarization and certification activities, continuing to reform administrative procedures in the field of notarization and certification;

At the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. The objects regulated by this Decree

This Decree stipulates the scope of notarization and certification, principles of operation, procedures, and steps to implement notarization and certification, the organization of Notary Public Offices and certification work of People's Committees of districts, towns, cities under provinces (hereinafter referred to as People's Committee at district level) and People's Committees of communes, wards, towns (hereinafter referred to as People's Committee at commune level).

Article 2. Notarization and Certification

1. Notarization is the act of a Notary Public Office certifying the authenticity of contracts concluded or other transactions established in civil, economic, commercial relations, and other social relations (hereinafter referred to as contracts or transactions), and performing other tasks as prescribed by this Decree.

2. Certification is the act of People's Committees at district and commune levels confirming true copies of documents, contracts, transactions, and signatures of individuals on documents serving their transactions as prescribed by this Decree.

Article 3. Scope of Notarization and Certification of Contracts and Transactions

Contracts and transactions specified in Article 2 of this Decree shall be notarized or certified in the following cases:

1. Contracts and transactions that the law requires to be notarized or certified;

2. Contracts and transactions that the law does not require to be notarized or certified, but individuals and organizations voluntarily request it.

Article 4. State agencies authorized to notarize and certify

1. State agencies authorized to notarize and certify within the country include:

a) Notary Public Offices;

b) People's Committees at district level;

c) The People's Committee of communes.

2. State agencies authorized to notarize outside the country are Diplomatic Missions and Consular Offices of the Socialist Republic of Vietnam abroad (hereinafter referred to as Vietnamese Missions abroad).

Article 5. Persons Implementing Notarization and Certification

Persons implementing notarization and certification include:

1. Notaries of Notary Public Offices;

2. Persons assigned by People's Committees at district and commune levels to carry out certification according to this Decree;

3. Consular officials of Vietnamese Missions abroad.

Article 6. Principles for Implementing Notarization and Certification

1. Notarization and certification must comply with the provisions of this Decree and other relevant legal documents.

2. When implementing notarization and certification, persons implementing notarization and certification must be objective and truthful and bear responsibility for their notarization and certification; if they know or should know that the notarization and certification or the content thereof is contrary to the law or social morals, they shall not carry out notarization and certification.

3. Persons implementing notarization and certification must keep confidential about the content of notarization and certification and related information, except as provided for in Clause 4 of Article 62 of this Decree.

Article 7. Persons Requesting Notarization and Authentication

1. Persons requesting notarization and authentication may be individuals or organizations from Vietnam and abroad.

In cases where the person requesting notarization and authentication is an individual, they must have the appropriate capacity for civil acts as provided by law; if it is an organization, then the person requesting notarization and authentication must be the legal representative or authorized by that organization.

2. Persons requesting notarization and authentication have the right to request competent state agencies to perform their lawful requests for notarization and authentication; in case of refusal, they have the right to appeal according to Chapter IX of this Decree.

3. Persons requesting notarization and authentication must present all necessary documents related to notarization and authentication and bear responsibility for the legality of those documents; in cases of requesting notarization and authentication of contracts or transactions, they must also ensure honesty in the conclusion of contracts and establishment of transactions, and must not deceive.

Article 8. Witnesses

1. In cases where the law requires the presence of witnesses for notarization and authentication, or in cases where the law does not require witnesses but the person requesting notarization and authentication cannot read, hear, sign, or make a mark, then witnesses must be present.

Witnesses are designated by the person requesting notarization and authentication; if they cannot designate or in urgent situations, the person performing notarization and authentication will designate the witness.

2. Witnesses must meet the following conditions:

a) At least 18 years old, not being a person who has lost or is restricted in capacity for civil acts;

b) Having no rights, interests, or obligations regarding property related to the notarization and authentication.

Article 9. Location of Notarization and Authentication

1. Notarization and authentication shall be conducted at the office of the competent state agency for notarization and authentication, except as provided in Clause 2 of Article 50 of this Decree or otherwise prescribed by law.

2. The competent state agency for notarization and authentication must arrange a convenient, civilized, courteous location for receiving persons requesting notarization and authentication, ensuring order and democracy.

3. At the office of the competent state agency for notarization and authentication, schedules, reception rules, authority, procedures, and fees for notarization and authentication must be posted.

Article 10. Time of Notarization and Authentication

The time of notarization and authentication is the time when the person performing notarization and authentication signs the notarized or authenticated document.

Article 11. Signing and Marking in the Process of Notarization and Authentication

1. The signing and marking of the person requesting notarization and authentication must be done in the presence of the person performing notarization and authentication, except as otherwise provided by law.

2. The signing and marking of the witness must be done in the presence of the person performing notarization and authentication and the person requesting notarization and authentication.

Article 12. Language used in notarization and certification activities

The language used in notarization and certification activities is Vietnamese, except in cases provided for in Clause 4, Article 25 and Article 49 of this Decree or where otherwise prescribed by law.

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

Article 13. Content of the certificate

1. The content of the certificate must be clear and coherent, reflecting the level of responsibility of the person conducting the notarization or certification for the notarization or certification process.

2. The Ministry of Justice shall guide the model content of the certificate for common notarization and certification matters.

Article 14. Value of of notarized documents and certified documents

1. Contracts, transactions, copies of documents, and signatures of individuals in documents serving to implement transactions that have been certified by a Notary Office in accordance with this Decree are called notarized documents.

Contracts, transactions, copies of documents, and signatures of individuals in documents serving to implement transactions that have been certified by the People's Committee at the district or commune level in accordance with this Decree are called certified documents.

2. Notarized documents and certified documents have evidentiary value, except in cases where they are carried out beyond authority or not in accordance with this Decree, or declared void by the Court.

3. A contract that has been notarized or certified has binding force on the parties to the contract; if a party fails to perform its obligations, the other party may request the competent state agency to resolve the matter in accordance with the law.

4. In cases where this Decree stipulates that a notarization or certification matter falls within the jurisdiction of different agencies, a notarized or certified document issued by any of those agencies having jurisdiction shall have equal value.

Article 15. Application of international treaties

Where an international treaty to which the Socialist Republic of Vietnam is a party provides for notarization and certification differently from the provisions of this Decree, the provisions of that international treaty shall apply.

Article 16. Fees for notarization and certification and other costs

1. The person requesting notarization or certification must pay the fee for notarization or certification when the requested notarization or certification has been completed.

The amount of the fee, exemptions, reductions, and management and use regulations for notarization and certification fees are prescribed by the Ministry of Finance and the Ministry of Justice.

2. In cases where, upon request of the person requesting notarization or certification, the agency conducting the notarization or certification also prepares contracts, transactions, translates, proofreads, typesets, photocopies, and performs other related tasks, they must also pay the cost for performing these tasks. The amount of the cost and management and use regulations for such costs are prescribed by the Ministry of Finance and the Ministry of Justice.

Chapter II

STATE MANAGEMENT OF NOTARIZATION AND CERTIFICATION

Article 17. Tasks and powers of the Ministry of Justice in state management of notarization and certification

The Ministry of Justice assists the Government in implementing unified state management of notarization and certification throughout the country and has the following tasks and powers:

1. Drafting and submitting to the competent authority for promulgation of legal normative documents on notarization and certification; issuing such documents according to its authority to guide their implementation;

2. Guiding and directing the organization and operation of notarization and certification;

3. Providing professional training for notarization and certification;

4. Issuing and guiding the uniform use of notarization and certification registers; prescribing and guiding the use of contract and transaction models, and certificate content models;

5. Inspecting and auditing the organization and operation of notarization and certification within its authority;

6. Resolving complaints and denunciations regarding notarization and certification within its authority;

7. Annually compiling the situation and statistics on notarization and certification and reporting to the Government;

8. Implementing international cooperation in notarization and certification;

9. Training notary professions; appointing and relieving notaries; issuing Notary Cards; publishing Notary Yearbooks; implementing the application of information technology in notarization activities.

Article 18. Tasks and Authorities of the Ministry of Foreign Affairs in State Management of Notarization

The Ministry of Foreign Affairs shall implement state management over notarization activities of Vietnamese agencies abroad, with the following tasks and authorities:

1. Coordinate with the Ministry of Justice in directing, guiding, inspecting, and auditing the implementation of notarization activities of Vietnamese agencies abroad in accordance with laws on notarization; organize training for consular officials of Vietnamese agencies abroad in notarization business;

2. Resolve complaints and denunciations regarding notarization within its jurisdiction;

3. Summarize the situation and compile statistics on notarization activities of Vietnamese agencies abroad and submit them to the Ministry of Justice every six months and annually.

Article 19. Tasks and Authorities of Provincial People's Committees in State Management of Notarization and Authentication

1. Provincial People's Committees shall implement state management over notarization and authentication within their respective localities, with the following tasks and authorities:

a) Direct notarization and authentication activities;

b) Resolve complaints and denunciations regarding notarization and authentication within its jurisdiction;

c) Train staff performing authentication for district-level People's Committees and commune-level People's Committees; guide and inspect the operations of Notary Public Offices and district-level People's Committees and commune-level People's Committees;

d) Decide on the establishment and dissolution of Notary Public Offices; determine territorial jurisdiction for each Notary Public Office; appoint, dismiss, and remove from office the Heads and Deputy Heads of Notary Public Offices; set staffing levels for each Notary Public Office; ensure office space, equipment, and other necessary facilities for the operation of Notary Public Offices;

đ) Summarize the situation and compile statistics on notarization and authentication within the locality and submit them to the Ministry of Justice every six months and annually.

2. Departments of Justice assist Provincial People's Committees in implementing the tasks and authorities stipulated in Clause 1 of this Article.

Article 20. Tasks and Authorities of District People's Committees in State Management of Authentication

1. District People's Committees shall implement state management over authentication within their respective localities, with the following tasks and authorities:

a) Guide and direct authentication activities of Legal Affairs Offices and commune-level People's Committees;

b) Inspect and audit authentication activities of Legal Affairs Offices and commune-level People's Committees;

c) Resolve complaints and denunciations regarding authentication within its jurisdiction;

d) Summarize the situation and compile statistics on authentication to report to Departments of Justice every six months and annually.

2. Legal Affairs Offices assist District People's Committees in implementing the tasks and authorities stipulated in Clause 1 of this Article.

Chapter III

AUTHORITY FOR NOTARIZATION AND AUTHENTICATION

Article 21. Authority for Notarization of Notary Public Offices

1. The following matters fall solely within the authority of Notary Public Offices:

a) Notarizing contracts and transactions involving foreign elements;

b) Notarizing contracts and transactions related to immovable property within the territorial jurisdiction of Notary Public Offices as prescribed in Clause 1 of Article 23 of this Decree;

c) Notarizing contracts and transactions related to movable property valued at 50 million VND or more;

d) Notarizing translations of documents from foreign languages into Vietnamese or vice versa;

đ) Notarizing signatures of foreigners and overseas Vietnamese residing abroad in documents serving the execution of transactions both domestically and abroad, and signatures of Vietnamese citizens in documents serving the execution of transactions abroad;

e) Accepting the safekeeping of wills;

g) Other matters prescribed by law.

2. Notary Public Offices may notarize matters within the authentication authority of district-level People's Committees as stipulated in Article 22 of this Decree, except for contracts and transactions related to immovable property within the territorial jurisdiction of district-level People's Committees as prescribed in Clause 2 of Article 23 of this Decree.

Article 22. The authority to certify of the People's Committee at the district level

a) Certifying copies of documents, certificates, and diplomas in Vietnamese and foreign languages;

b) Certifying signatures of Vietnamese citizens on documents for the purpose of conducting civil transactions within the country;

c) Certifying contracts and transactions related to immovable property within the territorial jurisdiction defined in Clause 2, Article 23 of this Decree;

d) Certifying contracts and transactions related to movable property with a value under VND 50 million;

đ) Certifying agreements on the division of inheritance and declarations of acceptance of inheritance;

e) Other matters as prescribed by law.

2. The Chairman of the People's Committee at the district level delegates the Director of the Justice Office to perform certification activities as stipulated in Clause 1 of this Article. The Director of the Justice Office must register their signature at the Department of Justice. Each Justice Office must have a dedicated Justice Officer to assist the Director in performing certification tasks; such dedicated Justice Officers must hold a Bachelor's degree in Law and have received training in certification procedures.

Article 23. Territorial Jurisdiction of Notary Offices and People's Committees at the District Level in Notarizing Contracts and Transactions Related to Immovable Property 1. The Chairman of the People's Committee at the provincial level decides on the territorial jurisdiction for notarizing contracts and transactions related to immovable property within their locality for each Notary Office. "Territory" refers to one or several districts, counties, towns, or cities within the province.

2. The People's Committee at the district, county, or town level certifies contracts and transactions related to immovable property within their territorial jurisdiction that are not within the territorial jurisdiction of the Notary Office as specified in Clause 1 of this Article.

3. The notarization and certification of wills and declarations of renunciation of inheritance related to immovable property are not subject to the provisions of Clauses 1 and 2 of this Article.

Article 24. The authority to certify of the People's Committee at the commune level

1. The People's Committee at the commune level has the authority to perform the following tasks:

a) Certifying signatures of Vietnamese citizens on documents for the purpose of conducting civil transactions within the country;

b) Certifying wills and declarations of renunciation of inheritance;

c) Other matters as prescribed by law.

2. The Chairman or Vice-Chairman of the People's Committee at the commune level responsible for justice performs the certification tasks as stipulated in Clause 1 of this Article and must register their signature at the Department of Justice. Commune-level Justice Officers assist the Chairman or Vice-Chairman of the People's Committee at the commune level in performing certification tasks; commune-level Justice Officers must meet the requirements set forth in Article 13 of Decree No. 83/1998/NĐ-CP dated October 10, 1998, issued by the Government on household registration and receive training in certification procedures.

Article 25. The authority to notarize of Vietnamese representative offices abroad

1. Vietnamese representative offices abroad have the authority to notarize matters prescribed in Article 21 of this Decree and other matters as prescribed by the Consular Ordinance, except for the conclusion of contracts for the sale, gift, exchange, or mortgage of immovable property in Vietnam.

2. In countries or areas with high demand for notarization, the Ministry of Foreign Affairs is responsible for appointing consular officials holding a Bachelor's degree in Law and having undergone training in notarization procedures to specialize in performing notarization tasks at Vietnamese representative offices abroad and notify the Ministry of Justice.

3. Notarial documents issued by Vietnamese representative offices abroad have the same validity as notarial documents and certified documents within the country.

4. Notarial documents issued by Vietnamese representative offices abroad for use abroad may be drafted in a language other than Vietnamese.

NOTARY OFFICES AND NOTARIES

 Chapter IV

ROOM FOR NOTARIES, NOTARY PUBLICS

Article 26. Notary Office

1. The Notary Office is under the management of the Director of the Department of Justice, has legal personality, has its own office, separate account, and seal in accordance with the law on seals. In provinces and centrally governed cities with high demand for notarization, several Notary Offices may be established and numbered sequentially.

2. The Notary Office shall have a Director, Deputy Director, notaries, specialized staff, and other personnel. The Notary Office must have at least three notaries. The Director and Deputy Director of the Notary Office must be notaries.

Article 27. Establishment of Notary Office

1. To meet local notarization needs, the Director of the Department of Justice shall prepare a proposal to establish a new Notary Office, report to the Chairman of the Provincial People's Committee for consideration and decision. The proposal must clearly state: reasons for establishing the Notary Office; jurisdiction of the Notary Office in notarizing contracts and transactions related to real estate; organizational structure, staffing, and personnel of the Notary Office; anticipated notaries, Director of the Notary Office; location of the office, facilities, and equipment for the operation of the Notary Office. The establishment of the Notary Office will be carried out after receiving approval from the Minister of Justice.

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

a) The date of issuance of the establishment decision and the date of commencement of operations of the Notary Office;

b) Name and address of the Notary Office;

c) Notarial jurisdiction of the Notary Office.

Article 28. Director of Notary Office

1. The Director of the Notary Office manages and is responsible for all activities of the Office, with the following duties and powers:

a) Drafting and directing the implementation of the work plan of the Office, managing daily operations of the Office, assigning tasks to notaries and other staff;

b) Being the account holder of the Notary Office; representing the Office in relations with other agencies and organizations;

c) Guiding and inspecting the professional activities of notaries;

d) Proposing to the Director of the Department of Justice regarding the appointment, transfer, detail assignment, removal of notaries, and temporary suspension of notarization activities of notaries;

đ) Proposing staffing and recruitment;

e) Resolving complaints and denunciations within their authority;

g) Reporting the work of the Office to the Ministry of Justice, the Provincial People's Committee, and the Director of the Department of Justice every six months and annually.

The Deputy Director of the Notary Office assists the Director in managing the activities of the Office and represents the Director when the Director is absent.

2. The Director and Deputy Director of the Notary Office are appointed, removed, and dismissed by the Chairman of the Provincial People's Committee upon the proposal of the Director of the Department of Justice, after receiving written approval from the Minister of Justice; the Director and Deputy Director of the Notary Office must have at least two years of experience as notaries.

The Director and Deputy Director of the Notary Office perform notarization tasks in the capacity of notaries and may not concurrently hold other managerial positions.

Article 29. Notaries

1. Notaries are civil servants appointed by the Minister of Justice; notaries must engage in specialized work and may not concurrently undertake other jobs.

2. Notaries shall be entitled to a salary commensurate with their professional responsibilities. The Government shall stipulate the salary regime for notaries.

Article 30. Conditions and criteria for appointing notaries

1. Individuals meeting the following conditions and criteria shall be considered for appointment as notaries:

a) They must be Vietnamese citizens residing permanently in Vietnam;

b) Possess a Bachelor's degree in Law and a certificate of completion from a notary training course;

c) Have good moral character;

d) Have at least five consecutive years of legal work experience since obtaining a Bachelor's degree in Law; for those who have had at least five consecutive years of legal work experience before obtaining a Bachelor's degree in Law, they must have at least two consecutive years of legal work experience after obtaining the degree.

2. The following individuals shall not be appointed as notaries:

a) Those who have lost or are restricted in their capacity for civil acts;

b) Those currently under criminal prosecution; not yet having their record expunged;

c) Those currently under administrative surveillance.

Article 31. Procedures for appointing notaries

1. Based on the need for work and the conditions and criteria for appointing notaries as stipulated in Article 30 of this Decree, the Director of the Department of Justice proposes to the Minister of Justice for the appointment of notaries.

2. The application dossier for the appointment of notaries includes:

a) A proposal letter from the Director of the Department of Justice according to the prescribed form;

b) A proposal letter from the Head of the Notary Office;

c) Copies of the Bachelor's degree in Law and copies of the certificate of completion from the notary training course;

d) A resume with a photograph attached according to the prescribed form for cadres and civil servants;

đ) A health certificate issued by a provincial-level healthcare facility or higher;

e) Two color photographs measuring 3 x 4 cm.

3. Notaries appointed shall be issued a Notary Card for use during their duties.

Article 32. Assignment of notaries

1. The assignment of notaries shall be carried out in the following cases:

a) Due to the need of another Notary Office which does not have enough three notaries as required;

b) To strengthen the notarial business operations of another Notary Office where the assigned notary will go;

c) To address the overload of notarial requests at another Notary Office where the assigned notary will go during certain periods.

2. The assignment of notaries shall only be carried out within the province or centrally-administered city and the duration shall not exceed three years.

3. The assignment of notaries from one Notary Office to another Notary Office shall be decided by the Director of the Department of Justice based on the proposals of the Heads of the Notary Offices involved, and such decision shall be sent to the People's Committee of the province and the Ministry of Justice.

Article 33. Transfer of notaries

1. The transfer of notaries shall be carried out in the following cases:

a) According to the needs of business operations or the need for notaries to appoint the Head or Deputy Head of another Notary Office;

b) According to the wishes of the notary.

2. The transfer of notaries from one Notary Office to another Notary Office within the province or centrally-administered city shall be decided by the Director of the Department of Justice based on the proposals of the Heads of the Notary Offices involved, and such decision shall be sent to the People's Committee of the province and the Ministry of Justice.

3. The transfer of notaries from a Notary Office in one province to a Notary Office in another province shall be decided by the Chairperson of the People's Committee of the relevant provinces based on the proposals of the Directors of the Departments of Justice of the relevant provinces, and such decision shall be sent to the Ministry of Justice.

4. When transferring notaries, there is no need to go through the procedures for removal and reappointment.

Article 34. Suspension of Notary Activities

1. The suspension of notary activities of a notary public shall be implemented in the following cases:

a) There is a decision to initiate criminal proceedings against the individual;

b) There are clear signs of loss or limitation of civil capacity;

c) There is a violation being examined for disciplinary action by an authorized authority under one of the forms of disciplinary action specified in point c, Clause 1, Article 35 of this Decree.

2. The suspension of notary activities of a notary public shall be decided by the Director of the Department of Justice upon the proposal of the Head of the Notary Office.

The suspension of notary activities of the Head or Deputy Head of the Notary Office shall be decided by the Chairman of the People's Committee at the provincial level upon the proposal of the Director of the Department of Justice.

3. The decision on the suspension of notary activities shall be revoked when there is no longer a basis as prescribed in Clause 1 of this Article.

4. The decision on the suspension and the decision revoking that decision shall be sent to the Ministry of Justice.

Article 35. Removal of Notary Public

1. The removal of a notary public shall be implemented in the following cases:

a) Due to a request to transfer to other work;

b) At the notary public’s own wish;

c) Having been warned twice, being disciplined with dismissal from work or transfer to other work; or being in one of the situations prescribed in Clause 2, Article 30 of this Decree.

2. The dossier proposing the removal of a notary public in the cases prescribed in points a and b, Clause 1 of this Article shall include: the notary public’s resignation letter and the proposal of the Director of the Department of Justice accompanied by the proposal of the Head of the Notary Office.

The dossier proposing the removal of a notary public in the case prescribed in point c, Clause 1 of this Article shall include: the proposal of the Director of the Department of Justice accompanied by the proposal of the Head of the Notary Office, except in the case of removing the Head of the Notary Office, and related documents serving as the basis for the proposal of removal.

Article 36. Dissolution of Notary Office

1. In the event that the demand for notarization decreases for two consecutive years or there are insufficient notaries as required for one year, the Director of the Department of Justice shall prepare a dissolution plan for the Notary Office to report to the Chairman of the People's Committee at the provincial level for consideration and decision. The plan must clearly state: reasons for dissolution, personnel arrangement plan after dissolution, settlement and handling of consequences, and asset disposal. The dissolution of the Notary Office shall be carried out after obtaining the approval of the Minister of Justice.

2. Immediately after the decision to dissolve the Notary Office is made, the Department of Justice must publish the notice of dissolution in the local newspaper for three consecutive issues.

Chapter V

DUTIES AND LIMITATIONS OF THE PERSONS PERFORMING NOTARIZATION AND CERTIFICATION

Article 37. Duties of Persons Performing Notarization and Certification

Persons performing notarization and certification have the following duties:

1. To perform notarization and certification within their authority;

2. To accept and examine documents presented by the person requesting notarization and certification; to guide procedures and steps for notarization and certification for the person requesting notarization and certification, if necessary;

3. To explain to the person requesting notarization and certification so they understand their rights, obligations, and legitimate interests, the legal significance and consequences of notarization and certification;

4. To perform other tasks as stipulated in this Decree.

Article 38. Powers of Notaries and Authentication Officers

Notaries and Authentication Officers have the following powers:

1. Requesting persons requesting notarization or authentication to present all necessary documents for the performance of notarization or authentication;

2. Proposing relevant state agencies or organizations to provide necessary information for the performance of notarization or authentication; such state agencies or organizations shall promptly provide the requested information;

3. Requesting specialized agencies to conduct appraisals or provide consultations when deemed necessary; costs for appraising documents shall be borne by the person requesting notarization or authentication if the appraisal concludes that the document is forged;

4. Preparing temporary custody records for documents suspected of being forged; cooperating with competent state authorities in handling cases involving the use of forged documents and taking measures against persons requesting notarization or authentication who violate the law;

5. Refusing to perform notarization or authentication in the following cases:

a) Cases stipulated in Article 39 of this Decree;

b) Matters outside the jurisdiction of their own agency for notarization or authentication;

c) Receiving a written request from a competent state authority to temporarily suspend notarization or authentication;

d) Matters related to requests for notarization or authentication that are currently in dispute;

đ) Other cases as prescribed by law.

In case of refusal, the Notary or Authentication Officer must clearly explain the reasons to the person requesting notarization or authentication; if the matter is outside the jurisdiction of their own agency, they shall guide them to another agency with the appropriate jurisdiction.

Article 39. Situations Where Notarization or Authentication Cannot Be Performed

Notaries and Authentication Officers shall not perform notarization or authentication in the following situations:

1. Knowing or having to know that the request for notarization or authentication or the content thereof contravenes the law or social morals;

2. The notarization or authentication involves assets or interests of themselves or close relatives including spouse; biological parents, parents-in-law, foster parents; biological children, adopted children, daughters-in-law, sons-in-law; paternal and maternal grandparents; full siblings, siblings-in-law, foster siblings; grandchildren who are children of biological or adopted children.

Chapter VI

NOTARIZATION AND AUTHENTICATION OF CONTRACTS AND TRANSACTIONS

Article 40. Scope of Application

1. The provisions on notarization and authentication of contracts in Section I of this Chapter apply to the notarization and authentication of all contracts and transactions subject to notarization or authentication under this Decree.

2. In cases where there are different provisions between Section I and Section II of this Chapter, the provisions of Section II shall apply.

Section 1

GENERAL PROVISIONS

Article 41. Procedures and Time Limits for Notarizing and Authenticating Drafted Contracts

1. Persons requesting notarization or authentication fill out the Notarization and Authentication Request Form according to the prescribed model, present personal identification documents and necessary documents for the performance of notarization or authentication. In cases where the contract relates to property that must be registered according to the law, the person requesting notarization or authentication must have complete documents proving ownership or usage rights over the property, except as provided in Clause 2 of Article 50 of this Decree.

The competent state agency for notarization or authentication receives and checks the documents presented by the person requesting notarization or authentication; if they are valid and complete, it will process the request, record it in the register, and in cases where the notarization or authentication cannot be performed immediately on the same day, issue a notice to the person requesting notarization or authentication.

2. The time limit for notarization or authentication shall not exceed three working days for simple contracts, ten working days for complex contracts, and thirty working days for particularly complex contracts, counted from the date of processing.

3. The Notary or Authentication Officer determines the capacity of the person requesting notarization or authentication and, upon finding that the content of the drafted contract does not contravene the law or social morals, performs the notarization or authentication.

If the content of the contract contravenes the law or social morals or is poorly drafted, the contract must be amended or supplemented; if the person requesting notarization or authentication disagrees with the amendments or supplements, then notarization or authentication will not be performed.

4. In cases where the contract is amended or supplemented as provided in paragraph 2 of Clause 3 of this Article, before signing, the person requesting notarization or authentication must read the contract again or the Notary or Authentication Officer reads it aloud to them. If they agree with all the contents recorded in the contract, they sign each page of the contract, except the last page which must be fully signed; thereafter, the Notary or Authentication Officer certifies or authenticates and signs each page of the contract, except the last page which must be fully signed and affixes the seal on the contract.

Article 42. Notarization and certification of contracts drafted at the request of the notary or certification officer or according to a model by the person performing notarization or certification.

1. The party requesting notarization or certification may request the notary or certification officer to draft the contract.

The party requesting notarization or certification declares the contents of the contract before the notary or certification officer. The notary or certification officer must record fully the contents declared by the party requesting notarization or certification; if the declaration does not contravene the law or social morals, then the contract shall be drafted.

2. Common civil contracts and widely used economic and commercial contracts must be established according to prescribed models when undergoing notarization or certification.

The Ministry of Justice shall stipulate and guide the use of contract models.

3. Clause 1, Clause 2, and Clause 4 of Article 41 of this Decree shall also apply similarly in cases where the contract is drafted by the notary or certification officer or according to a model.

Article 43. Contents of notarization and certification

The certificate of the notary or certification officer must clearly state: the time of concluding the contract, the place of notarization or certification, the capacity for civil acts, the signatures of the parties, and the agreed contents of the parties, except in cases provided for in Article 49 of this Decree.

Article 44. Notarization and certification of amendments, supplements, and cancellation of contracts

1. For contracts that have been notarized or certified, any amendment or supplement, whether partial or entire, must also be notarized or certified, and such notarization or certification can be carried out at any competent authority, except in cases provided for in Article 23 of this Decree.

2. This provision also applies to the cancellation of contracts if the parties request notarization or certification of the cancellation of the contract.

Article 45. Technical corrections

At the request of the contracting parties, the notary or certification officer may make technical corrections in contracts that have been notarized or certified but not yet implemented, provided that such corrections do not affect the rights and obligations of the contracting parties. Technical corrections are made by the notary or certification officer noting on the margin, signing, and stamping the correction.

Section 2

SPECIFIC PROVISIONS ON NOTARIZATION AND CERTIFICATION OF CERTAIN CONTRACTS AND TRANSACTIONS

Article 46. Notarization and certification of contracts for the sale of houses under common ownership or currently rented

1In the case of requesting notarization or certification of a contract for the sale of a house under common ownership, the party requesting notarization or certification must also submit a consent document from another co-owner, in the case of a consolidated common ownership house or in the case of selling a part of a common ownership house, a refusal to purchase document from another co-owner or proof of the expiration of the period prescribed by law from the day the co-owner receives notice of the sale and the conditions of sale, without any co-owner purchasing it.

2. In the case of notarizing or certifying a contract for the sale of a house currently rented, the party requesting notarization or certification must also submit a refusal to purchase document from the tenant or proof of the expiration of the period prescribed by law from the day the tenant receives notice of the sale and the conditions of sale, without the tenant responding.

3. The provisions of Clause 1 of this Article also apply to the sale of houses for other purposes and other construction works.

Article 47. Notarization and certification of mortgage contracts

1. Where a contract is established simultaneously in Vietnamese and a foreign language, the notarization of the Vietnamese-language contract shall be carried out in accordance with general provisions on the notarization of contracts.

As for the notarization of the foreign-language contract, the notary may refrain from notarizing the parties' agreement; this must be clearly stated in the certificate.

The person requesting notarization shall be responsible for the accuracy and appropriateness of the foreign-language contract compared to the Vietnamese-language contract.

2. Where a contract is established solely in a foreign language, it must be accompanied by a translation; the notarization of the contract shall be carried out in accordance with the provisions of paragraph 2 of Clause 1 of this Article.

Article 48. Notarization and certification of power of attorney contracts and authorization letters

1. A power of attorney involving remuneration, obligations for compensation by the party being authorized, or transferring ownership or right to use immovable property must be established in the form of a contract.

In cases where the authorizing party and the party being authorized cannot both appear before a competent state agency for notarization and certification, the authorizing party requests the competent state agency at their place of habitual residence or temporary residence to notarize and certify the power of attorney contract; the party being authorized requests the competent state agency at their place of habitual residence or temporary residence to notarize and certify the power of attorney contract on the original contract, completing the notarization and certification procedures for the power of attorney contract.

2. Where a power of attorney does not fall under the circumstances specified in Clause 1 of this Article, it need not be established in the form of a power of attorney contract but can be established in the form of an authorization letter, requiring only the authorizing party to sign the authorization letter.

Article 49. Notarization of contracts established in a foreign language

1. Where a contract is established simultaneously in Vietnamese and a foreign language, the notarization of the Vietnamese-language contract shall be carried out in accordance with general provisions on the notarization of contracts.

As for the notarization of foreign-language contract documents, the notary may refrain from notarizing the parties' agreement; this must be clearly stated in the certificate.

The person requesting notarization shall be responsible for the accuracy and appropriateness of the foreign-language contract compared to the Vietnamese-language contract.

2. Where a contract is established solely in a foreign language, it must be accompanied by a translation; the notarization of the contract shall be carried out in accordance with the provisions of paragraph 2 of Clause 1 of this Article.

Article 50. Notarization and certification of wills

1. The person establishing a will must personally request the notarization and certification of the will; the will shall not be notarized or certified through another person.

2. In cases where the life of the person establishing the will is threatened by death due to illness or other causes and they cannot appear at the office of a competent state agency for notarization and certification, the notarization and certification of the will may be conducted at the place of residence or presence of the person establishing the will. For wills established under threat of death, it is not necessarily required to present the documents as stipulated in Clause 1 of Article 41 of this Decree.

3. The person performing the notarization and certification must determine the mental state of the person establishing the will.

If there is suspicion that the person establishing the will suffers from mental illness or other diseases that prevent them from recognizing and controlling their actions, or if there are signs indicating that the will was made under deceit, coercion, or duress, the person performing the notarization and certification shall not notarize or certify the will.

4. The notarization and certification of wills related to immovable property may be conducted at any competent state agency for notarization and certification.

5. Amendments, supplements, replacements, partial or full revocations of a will may be notarized and certified at any competent state agency for notarization and certification.

Article 51. Custody of a Will

1. The testator may request a Notary Office to custody their will. When custodianship of the will is accepted, the notary must seal the will in the presence of the testator, issue a receipt for custody, and hand it over to the testator.

For a will that has been custodied by a Notary Office, in principle, any amendment, supplementation, replacement, or revocation of such will must be carried out at the Notary Office currently custodizing the will; in special cases due to objective reasons, it may be carried out at another Notary Office or another competent authority for notarization and certification; the Notary Office or this authority must send a copy to the original Notary Office custodizing the will.

2. The announcement of a will custodied at a Notary Office shall be conducted in accordance with the provisions of the Civil Code when the notary becomes aware of the death of the testator or upon the request of a person related to the content of the will. The announcement of the will must be recorded in a protocol.

Article 52. Notarization and Certification of Agreements on Inheritance Division

1. Those who are entitled to inherit property according to the law or according to a will where the share of each person is not clearly defined, have the right to request notarization and certification of agreements on inheritance division, provided there is no dispute.

In the agreement on inheritance division, the heirs may cede their entire right to inherit to another heir.

2. Those requesting notarization and certification must present the will and documents proving ownership and usage rights to the property left by the decedent, as required by law for registration of ownership and usage rights.

Those requesting notarization and certification must also present documents proving the relationship between the decedent and the heirs as stipulated by the law on inheritance, with a commitment and responsibility to ensure that no legal heirs are omitted, except in cases where it is impossible to know if there are other legal heirs.

3. The person performing notarization and certification must verify that the decedent is indeed the owner or user of the inheritance and that those requesting notarization and certification are indeed the heirs; if there is doubt or uncertainty, they must conduct their own investigation or request another agency or organization to investigate. The person performing notarization and certification must post the agreement on inheritance division at the place of habitual residence or temporary residence for a period of thirty days, or at the location of immovable property left by the decedent within thirty days.

4. An agreement on inheritance division that has been notarized and certified serves as the basis for the competent state authorities to register the transfer of ownership and usage rights to the heirs.

Article 53. Notarization and Certification of Declarations of Acceptance of Inheritance

1. The sole heir of the decedent's estate under the law has the right to request notarization and certification of declarations of acceptance of inheritance.

2. The provisions of Clause 2, Clause 3, and Clause 4 of Article 52 of this Decree shall apply similarly to the performance of notarization and certification of declarations of acceptance of inheritance.

Article 54. Notarization and certification of documents refusing to accept inheritance

1. A person entitled to inherit under a will or according to the law may request notarization or certification of a document refusing to accept inheritance, including a commitment that the refusal to accept inheritance is not aimed at evading the fulfillment of their financial obligations towards others.

2. The notarization and certification of a document refusing to accept inheritance can be carried out at any competent state agency authorized for notarization and certification.

Chapter VII

NOTARIZATION AND CERTIFICATION OF COPIES OF DOCUMENTS,

INDIVIDUAL SIGNATURES AND NOTARIZATION OF TRANSLATIONS OF DOCUMENTS

Article 55. Notarization and certification of copies of documents

1. Notarization and certification of copies of documents can only be performed from the original; the copy may be a photograph, printout, typewritten, or computer-generated version but must contain all the contents and be accurate like the original.

2. Notarization and certification of copies of documents shall not be conducted in the following cases:

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

b) The document has been erased, altered, added to, or subtracted from, or is damaged and deteriorated to the extent that its content cannot be clearly identified;

c) The document is classified by a state agency, political organization, political-social organization, social organization, occupational social organization, or economic organization; the document is not published on mass media;

d) Applications, letters, and self-prepared documents without certification, verification, or confirmation from a competent authority;

đ) Documents prohibited from being copied by legislative acts of the National Assembly, Standing Committee of the National Assembly, President, Government, and Prime Minister;

3. Notarization and certification of copies of documents shall be completed on the same day; in cases where there is a large number of requests for notarization and certification of copies of documents, the process may be rescheduled for later completion.

4. The notary or certifier must check the original; if it is found to be consistent, notarization and certification shall be carried out; if the party requesting notarization or certification already has a copy of the document, then the contents of the copy must be compared with the original; if signs of forgery are detected, a verification letter must be sent to the agency or organization that issued the original or sent for appraisal. Each page of the copy of the document must be stamped with the phrase "COPY" in the blank space on the top right corner.

5. When receiving a copy of a document certified by the People's Committee of a district, the agency or organization shall not require the party to submit a copy of the document notarized by a Notary Office.

Article 56. Notarization and certification of individual signatures

1. An individual requesting notarization or certification of their signature on a document for transactions must be responsible for the content of the document and sign in front of the notary or certifier. After confirming that the individual matches the identity document and transaction document and that the request does not contravene the law or social morals, the notarization or certification of the signature shall be carried out.

2. Notarization and certification of individual signatures shall be completed on the same day.

3. In cases where the individual requesting notarization or certification is unable to sign, the notarization or certification of the signature shall be replaced by notarization or certification of a thumbprint.

Article 57. Notarization of Translated Documents

1. The translation of documents from foreign languages to Vietnamese or vice versa for notarization must be carried out by translators who are associates of the Notary Office. Associates must be graduates of a foreign language university or another university that is proficient in the relevant foreign language. The associates of the Notary Office shall be recognized by the Director of the Notary Office and shall be responsible for the quality of their translations.

2. The Notary Office shall accept the original document and hand it over to the translator to carry out the translation. The translator must sign and be responsible for the accuracy and consistency of the content of the translated document. The notary public shall notarize the signature of the translator on the translated document. Each page of the translated document must have the stamp "TRANSLATION" placed in the upper right blank space. The translated document must be attached to a copy of the original document and stamped with a cross-stamp.

The person requesting notarization may translate their own documents and bear responsibility for the accuracy and consistency of the translated content. In necessary cases, the translation must be reviewed. The associate performing the review must sign and be responsible for the accuracy and consistency of the reviewed translated content.

If the notary public meets the criteria and is recognized as a translator under Clause 1 of this Article, then such notary public may directly translate and notarize the translated document.

3. The notarization of translated documents shall be carried out immediately after the translation is completed. In principle, the translation must be completed within one working day, except in cases where the translated document has many pages or complex content, the translation period shall not exceed five working days; in special cases, the above period may be extended but shall not exceed fifteen working days.

4. The following situations prohibit the notarization of translated documents:

a) The notary public knows or should know that the original document was issued beyond authority or is invalid; the original document is fake;

b) The document has been erased, altered, added to, or subtracted from, or has been damaged or deteriorated to the point that its content cannot be clearly determined;

c) The document contains classified information of state agencies, mass organizations, social organizations, and economic organizations; documents prohibited from being disseminated through mass media.

Chapter VIII

FORM OF NOTARIZED DOCUMENTS AND CERTIFIED DOCUMENTS, RECORD KEEPING REGIME

Article 58. Writing in Notarized Documents and Certified Documents for Contracts and Transactions

1. Writing in vnotarized documents and certified documents for contracts and transactions must be legible, expressed in durable ink on high-quality paper ensuring long-term storage. Writing can be handwritten, typed, or printed; abbreviations or symbols shall not be used, nor shall lines be crossed out or written over; spaces shall not be left blank except for line breaks; in cases of corrections or additions, they shall be made by the notary or certifier writing in the margin, signing, and stamping at the place of correction or addition.

2. The date of notarization and certification must be recorded in both numerical and written form, including day, month, and year; hours and minutes may be recorded if requested by the party requesting notarization or certification, or if deemed necessary by the notary or certifier.

3. Numbers related to money must be recorded in both numerical and written form.

Article 59. Recording pages and sheets in notarized documents and certified documents for contracts and transactions

Notarized documents and certified documents for contracts and transactions with two or more pages must have each page numbered in sequence, with the initials of the person requesting notarization or certification and the person performing the notarization or certification signed on it; the last page must bear full signatures; the number of pages must be recorded at the end of the document; notarized documents and certified documents with two or more sheets must be stamped across the fold, and if there are ten or more sheets, they must also be punched, bound, and stapled.

Article 60. Notarization files, certification files

1. Notarization files and certification files include: Request form for notarization or certification, original notarized document or certified document, accompanied by copies of papers presented by the person requesting notarization or certification, verification papers, and other related papers, if any.

2. Each file must be numbered in chronological order consistent with the record in the notarization book or certification book to ensure easy retrieval.

Article 61. Notarization books, certification books

1. Each notarization or certification matter must be recorded in the book according to the guidelines of the Ministry of Justice.

2. The Notary Office's book includes: Contract and transaction notarization book, Copy paper notarization book, Paper translation notarization book, and Signature notarization book.

The People's Committee of the district's book includes: Copy paper certification book, Signature certification book, and Contract and transaction certification book.

The People's Committee of the commune's book includes: Signature certification book and Will certification book, document refusing inheritance certification book.

3. In cases where other notarizations or certifications arise as stipulated in point g of Clause 1 of Article 21, point e of Clause 1 of Article 22, and point c of Clause 1 of Article 24 of this Decree, the Ministry of Justice shall guide the recording in the book.

Article 62. Storage System

1. Notarization files, certification files, notarization books, and certification books must be securely stored and kept long-term at the competent state agency for notarization and certification, except in the cases provided for in Clause 3 of this Article.

In addition to storing notarization files and certification files, the competent state agency for notarization and certification must enter into computers all notarization and certification matters of contracts and transactions.

2. The competent state agency for notarization and certification must implement safety measures against fire, moisture, pests, and insects for notarization files and certification books.

3. The retention period for copy files and paper translation files is five years from the date of notarization or certification.

4. In cases where the competent state agency requests in writing the provision of notarization files or certification files for inspection, audit, investigation, prosecution, or trial purposes related to notarized or certified matters, the competent state agency for notarization and certification has the responsibility to provide copies of notarized documents or certified documents and other related papers. The comparison of copies of notarized documents or certified documents with originals can only be conducted at the competent state agency for notarization and certification where the files are stored.

Article 63. Destruction of Copy Files and Translation Files of Documents

1. Copy files and translation files of documents shall be destroyed annually at the end of each year when their validity period expires; if there are many such files, they may also be destroyed mid-year. When destroying copy files and translation files of documents, a Destruction Committee must be present.

2. The members of the Destruction Committee for copy files of documents at the People's Committee at district level include: Head or Deputy Head of the Justice Department, the archivist of the People's Committee at district level, representative of the provincial archive agency, member of the Department of Justice, and the Chairman or Vice-Chairman of the People's Committee at district level as Chairperson of the Committee. The Chairman of the People's Committee at district level issues a decision on the establishment of the Committee.

The members of the Destruction Committee for copy files and translation files of documents at the Notary Office include: Head or Deputy Head of the Notary Office, the archivist of the Notary Office, Director of the Office of the Department of Justice, member of the provincial archive agency as a committee member, Director or Deputy Director of the Department of Justice as Chairperson of the Committee. The Director of the Department of Justice issues a decision on the establishment of the Committee.

3. The destruction of copy files and translation files of documents must be recorded in a protocol signed by all members of the Committee and comply with the regulations on archives; the protocol must clearly state the range of numbers and volumes being destroyed.

Chapter IX

SETTLEMENT OF COMPLAINTS, REPORTS AND REWARDS, HANDLING VIOLATIONS

Article 64. Right to Complaint of the Party Requesting Notarization and Authentication

The party requesting notarization or authentication has the right to complain about the refusal of notarization or authentication that does not conform to the provisions of the law.

Article 65. Competence and Time Limit for Settling Complaints against the People's Committee at Commune Level

1. The Chairman of the People's Committee at commune level shall settle the first complaint regarding the refusal of authentication within his/her authority within no more than 5 working days from the date of accepting the complaint for settlement.

2. If the party requesting authentication disagrees with the settlement of the complaint by the Chairman of the People's Committee at commune level, he/she has the right to file a further complaint with the Chairman of the People's Committee at district level. In this case, the party requesting authentication must submit a complaint letter along with a copy of the decision on settling the complaint issued by the Chairman of the People's Committee at commune level and related documents (if any) to the Chairman of the People's Committee at district level.

Within no more than 10 working days from the date of accepting the further complaint for settlement, the Chairman of the People's Committee at district level must settle the complaint and notify the complainant and the Chairman of the People's Committee at commune level who settled the previous complaint in writing.

3. If the party requesting authentication disagrees with the settlement of the complaint by the Chairman of the People's Committee at district level, he/she has the right to file a further complaint with the Chairman of the People's Committee at provincial level. In this case, the complainant must submit a complaint letter along with copies of decisions on settling complaints issued by the Chairmen of the People's Committees at district and commune levels and related documents (if any) to the Chairman of the People's Committee at provincial level.

Within no more than 20 working days from the date of accepting the further complaint for settlement, the Chairman of the People's Committee at provincial level must settle the complaint and notify the complainant and the Chairmen of the People's Committees at district and commune levels who settled the previous complaints in writing. The decision on settling the complaint by the Chairman of the People's Committee at provincial level is the final decision.

4. For complex complaints about authentication, the time limit for settling complaints by the Chairman of the People's Committee at provincial level may be extended but not exceeding 60 days from the date of accepting the complaint for settlement.

Article 66. Competence and Time Limit for Handling Complaints by the Justice Office at the District Level

1. The Head of the Justice Office at the district level shall be authorized by the Chairman of the People's Committee at the district level to perform certification tasks as prescribed in Clause 2, Article 22 of this Decree and handle initial complaints regarding the refusal to certify within their jurisdiction, within a period not exceeding five working days from the date of accepting the complaint for handling.

2. If the person requesting certification disagrees with the decision on the complaint made by the Head of the Justice Office at the district level, they have the right to file a further complaint with the Chairman of the People's Committee at the district level. In such cases, the complainant must submit the complaint letter along with a copy of the decision on the complaint issued by the Head of the Justice Office at the district level and related documents (if any) to the Chairman of the People's Committee at the district level.

Within a period not exceeding ten working days from the date of accepting the complaint for further handling, the Chairman of the People's Committee at the district level must resolve the matter and notify the complainant and the Head of the Justice Office at the district level who previously handled the complaint in writing.

Within a period not exceeding thirty working days from the date of accepting the complaint for further handling, the Chairman of the People's Committee at the provincial level must resolve the matter and notify the complainant and the Chairman of the People's Committee at the district level who previously handled the complaint in writing. The decision on the complaint resolution by the Chairman of the People's Committee at the provincial level is the final decision.

4. For complex complaints about authentication, the time limit for settling complaints by the Chairman of the People's Committee at provincial level may be extended but not exceeding 60 days from the date of accepting the complaint for settlement.

Article 67. Competence and Time Limit for Handling Complaints against Notary Offices

1. The Head of the Notary Office shall handle initial complaints regarding the refusal to notarize within their jurisdiction, within a period not exceeding five working days from the date of accepting the complaint for handling.

2. If the complainant disagrees with the decision on the complaint made by the Head of the Notary Office, they have the right to file a further complaint with the Director of the Department of Justice. In such cases, the complainant must submit the complaint letter along with a copy of the decision on the complaint issued by the Head of the Notary Office and related documents (if any) to the Director of the Department of Justice.

Within a period not exceeding ten working days from the date of accepting the complaint for further handling, the Director of the Department of Justice must resolve the matter and notify the person requesting notarization and the Head of the Notary Office who previously handled the complaint in writing.

3. If the person requesting notarization disagrees with the resolution by the Director of the Department of Justice, they have the right to file a complaint with the Minister of Justice. In such cases, the complainant must submit the complaint letter along with a copy of the decision on the complaint issued by the Director of the Department of Justice, the Head of the Notary Office, and related documents (if any) to the Minister of Justice.

Within a period of thirty working days from the date of accepting the complaint for further handling, the Minister of Justice must resolve the matter and notify the complainant and the Director of the Department of Justice, the Head of the Notary Office who previously handled the complaint in writing. The decision on the complaint resolution by the Minister of Justice is the final decision.

4. For complex notarization complaints, the time limit for resolving complaints by the Director of the Department of Justice and the Minister of Justice may be extended but not exceeding sixty working days from the date of accepting the complaint for handling.

Article 68. Competence and Time Limit for Handling Complaints against Vietnamese Representative Offices Abroad

1. The head of the Vietnamese representative office abroad shall handle the first complaint regarding the refusal to notarize within the competence of the Vietnamese representative office abroad within a period not exceeding five working days from the date of accepting the complaint for handling.

2. If the person requesting notarization disagrees with the decision of the head of the Vietnamese representative office abroad, they have the right to file a complaint with the Minister of Foreign Affairs. In this case, the complainant must submit the complaint letter along with a copy of the decision on handling the complaint issued by the head of the Vietnamese representative office abroad and related documents (if any) to the Minister of Foreign Affairs.

Within ten working days from the date of accepting the complaint for handling, the Minister of Foreign Affairs must resolve the matter and notify the complainant and the head of the Vietnamese representative office abroad who previously handled the complaint in writing. The decision of the Minister of Foreign Affairs on handling the complaint is final.

For complex notarization complaints, the time limit for the Minister of Foreign Affairs to handle the complaint may be extended but not exceeding twenty days from the date of accepting the complaint for handling.

Article 69. Competence to Initiate Legal Action of the Person Requesting Notarization, Authentication

In cases where the person requesting notarization, authentication disagrees with the initial resolution of complaints by the competent authorities specified in Articles 65, 66, 67, and 68 of this Decree, they have the right to initiate legal action at the court with jurisdiction according to the provisions of the law on administrative litigation procedures.

Article 70. Handling Reports

Reports of illegal acts by persons performing notarization, authentication shall be resolved in accordance with the provisions of the law on reports.

Article 71. Awards

Persons performing notarization, authentication who achieve outstanding results in performing notarization, authentication shall be awarded in accordance with the provisions of the law on awards.

Article 72. Handling Violations

1. While performing duties and exercising powers concerning notarization, authentication, if persons performing notarization, authentication, or translators collaborating with the Notary Office act negligently or intentionally violate the provisions of this Decree and other regulatory legal documents on notarization, authentication, they may be subject to disciplinary action or criminal responsibility depending on the severity of the violation; if damage is caused, compensation must be provided according to the law.

2. If the person requesting notarization, authentication engages in altering documents or using forged documents when requesting notarization, authentication, they may be subject to administrative penalties or criminal responsibility according to the law depending on the severity of the violation.

Chapter X

FINAL PROVISIONS

Article 73. Issuance and Use of Copies of Documents

1. Copies of documents are issued simultaneously with the original or issued from the original register and have the same value as copies that are notarized or authenticated according to this Decree.

2. A person who has been issued the original diploma, certificate, and other documents has the right to request the school or educational institution to issue copies of those documents; schools or educational institutions that have issued the originals are responsible for issuing copies to them. The Ministry of Education and Training is responsible for guiding schools and educational institutions nationwide on issuing copies of diplomas, certificates, and other documents.

An agency or organization that has issued the original document has the right to issue copies of those documents.

3. The person requesting copies may send a request for issuance of copies to the agency or organization that issued the original through postal service; if the law requires, they must also send the fee.

Within three working days from the date of receiving the request, the agency or organization must issue the copies to them.

4. When an agency or organization receives a document and requests the presentation of the original for comparison, it must itself compare the copy with the original and cannot demand submission of a certified copy.

Article 74. Transitional Provisions

1. Notary Offices established in accordance with the provisions of Decree No. 45/HĐBT dated February 27, 1991 of the Council of Ministers on the organization and operation of State Notarization, and Decree No. 31/CP dated May 18, 1996 of the Government on the organization and operation of State Notarization shall continue to operate. In cases where a Notary Office does not meet the standards and conditions stipulated in Article 26 of this Decree, the Chairman of the People's Committee of the province shall be responsible for coordinating with the Ministry of Justice to improve and reorganize such Notary Office within one year from the date this Decree takes effect.

2. Persons appointed as notaries in accordance with Decrees No. 45/HĐBT and No. 31/CP mentioned above shall continue to be recognized as notaries under the provisions of this Decree.

Article 75. Implementation Provisions

1. This Decree takes effect from April 1, 2001 and replaces Decree No. 31/CP dated May 18, 1996 of the Government on the organization and operation of State Notarization.

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

The Minister, the Director of the Civil Service Bureau of the Government, the Minister of Finance, the Minister of Labor, Invalids and Social Affairs, the Minister of Foreign Affairs, within their respective duties and powers, shall be responsible for coordinating with the Minister of Justice to guide the implementation of this Decree.

3. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central city, are responsible for enforcing this Decree./.