Law on Notarization No. 82/2006/QH11

LAW

Notarization

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the Tenth National Assembly, tenth session;

This Law regulates notarization.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law regulates the scope of notarization, notaries, organizations practicing notarization, notarization procedures, and state management of notarization.

Article 2. Notarization

Notarization is the act of a notary certifying the authenticity and legality of contracts and other transactions (hereinafter referred to as contracts or transactions) in writing, which must be notarized according to the provisions of the law or voluntarily requested for notarization by individuals or organizations.

Article 3. Principles of Notarization Practice

1. Compliance with the Constitution and laws.

2. Objectivity and honesty.

3. Be responsible before the law for notarized documents.

4. Adhere to the ethical rules of notarization practice.

Article 4. Notarized Documents

1. Contracts and transactions in writing that have been notarized according to this Law are called notarized documents.

2. Notarized documents include the following contents:

a) Contracts and transactions;

b) The testimony of the notary.

3. Notarized documents take effect from the date they are signed by the notary and stamped with the seal of the organization practicing notarization.

Article 5. Testimony of the Notary

The testimony of the notary must clearly record the time and place of notarization, the name of the notary, the name of the organization practicing notarization; certify that the parties to the contract or transaction fully consented voluntarily, have full capacity for civil acts, the purpose and content of the contract or transaction do not violate the law, do not contravene social morals, the object of the contract or transaction is real, signatures in the contract or transaction are genuine signatures of the parties to the contract or transaction; must be signed by the notary and stamped with the seal of the organization practicing notarization.

Article 6. Legal Value of Notarized Documents

1. Notarized documents are effective against the parties concerned; in case a party fails to perform its obligations, the other party has the right to request the court to resolve the matter according to the provisions of the law, except where the parties to the contract or transaction have agreed otherwise.

2. Notarized documents have evidentiary value; facts and events in notarized documents do not need to be proven, except when declared invalid by the court.

Article 7. Notaries

A notary is a person who meets the criteria stipulated by this Law and is appointed to practice notarization.

Article 8. Requesters of Notarization

1. Requesters of notarization are Vietnamese individuals or organizations or foreign individuals or organizations.

If the requester of notarization is an organization, the request for notarization shall be made through the legal representative or authorized representative of the organization.

2. Requesters of notarization must have full capacity for civil acts, present all necessary documents related to notarization, and bear responsibility for the accuracy and legality of those documents.

Article 9. Witnesses

1. In cases where the law requires witnesses for notarization or in cases where the law does not require witnesses for notarization but the requester of notarization cannot read, hear, sign, or affix fingerprints, witnesses must be present.

Witnesses are invited by the requester of notarization; if they cannot invite them, the notary shall designate them.

2. Witnesses must meet the following conditions:

a) At least eighteen years old, having full capacity for civil acts;

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

Article 10. Languages and scripts used in notarization

Vietnamese language and script are used in notarization.

Article 11. State management responsibility for notarization

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

2. The Ministry of Justice shall be responsible to the Government for state management of notarization and shall have the following tasks and powers:

a) Building and submitting to the Government policies for the development of notarization;

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

c) Prescribing the framework training program for notary professions, managing the organization and training of notary professions; issuing probation rules for notary practice; issuing ethical guidelines for notary practice; appointing and relieving notaries; issuing notary cards;

d) Guiding notary practices; disseminating and popularizing laws on notarization; inspecting, auditing, handling violations, and resolving complaints and denunciations related to notarization;

đ) Summarizing and reporting to the Government on notarization;

e) Managing and implementing international cooperation in notarization.

3. The Ministry of Foreign Affairs shall be responsible for coordinating with the Ministry of Justice in guiding, inspecting, and auditing the implementation of notarization by diplomatic agencies, consular agencies of the Socialist Republic of Vietnam abroad (hereinafter referred to collectively as Vietnamese representative agencies abroad) and organizing professional training for consular officials and diplomatic officials assigned to perform notarization.

4. Ministries and ministerial-level agencies within their respective functions and powers shall be responsible for coordinating with the Ministry of Justice in implementing state management of notarization.

5. Provincial People's Committees (hereinafter referred to as provincial People's Committees) shall implement state management of notarization at the local level and shall have the following tasks and powers:

a) Implement measures to develop notary organizations in the locality to meet the notarization needs of organizations and individuals; disseminate and popularize laws on notarization;

b) Establish and dissolve Notary Offices; decide and revoke decisions allowing the establishment of Notary Offices; organize the issuance and revocation of registration certificates for Notary Offices;

c) Ensure initial material and working facilities for Notary Offices;

d) Inspect, audit, handle violations, and resolve complaints and denunciations related to notarization;

đ) Compile and statistically report on notarization in the locality to the Ministry of Justice.

Article 12. Prohibited Acts

1. It is strictly prohibited for notaries to engage in the following acts:

a) Disclosing information about the content of notarization that they know when practicing, except where the person requesting notarization agrees in writing or where the law provides otherwise; using such information to infringe upon the lawful rights and interests of others;

b) Harassing or causing difficulties for persons requesting notarization;

c) Receiving or demanding any amount of money or other benefits from persons requesting notarization beyond the notary fee, remuneration for notarization, and other costs already determined and agreed upon;

d) Performing notarization in cases where the purpose and content of contracts or transactions violate the law or social morals; notarizing matters involving assets or interests of themselves or close relatives including spouse, biological parents, parents-in-law, adoptive parents, biological children, adopted children, daughters-in-law, sons-in-law, paternal grandparents, maternal grandparents, full siblings, children of biological or adopted sons or daughters.

2. It is strictly prohibited for persons requesting notarization to provide false information or documents.

3. It is strictly prohibited for witnesses to engage in fraudulent or untruthful behavior.

4. It is strictly prohibited for agencies, organizations, or individuals to obstruct notarization activities.

Chapter II

NOTARIES

Article 13. Standards for Notaries

1. A Vietnamese citizen residing in Vietnam who is loyal to the country, adheres to the Constitution and laws, has good moral character, and meets the following criteria shall be considered for appointment as a notary:

a) Holds a bachelor's degree in law;

b) Has at least five years of legal work experience at agencies or organizations;

c) Holds a Certificate of Completion of Notarial Profession Training;

d) Has completed the probation period for practicing notarial profession;

đ) Is in good health to practice the notarial profession.

2. The time spent on notarial profession training and the probation period for practicing the notarial profession shall be counted towards the legal work experience.

Article 14. Notarial Profession Training

1. Individuals holding a bachelor's degree in law may register to attend a notarial profession training course at a notarial profession training institution.

2. The duration of the notarial profession training course is six months.

Upon completion of the notarial profession training program, the training institution will issue a Certificate of Completion of Notarial Profession Training to the individual.

3. The Minister of Justice shall stipulate the framework curriculum of the notarial profession training course and regulations on recognizing foreign notarial profession training.

Article 15. Individuals Exempt from Notarial Profession Training

1. Judges, prosecutors, investigators; lawyers with at least three years of practice.

2. Professors and associate professors specializing in law, doctoral graduates in law.

3. Senior court auditors, senior prosecution inspectors; senior specialists, senior researchers, senior lecturers in the field of law.

Article 16. Probation Period for Practicing Notarial Profession

1. Individuals holding a Certificate of Completion of Notarial Profession Training may undergo probation at a notarial practice organization. The probation period for practicing the notarial profession is twelve months, starting from the date of probation at the notarial practice organization. The individual undergoing probation must register with the Department of Justice where the notarial practice organization is located.

2. Individuals undergoing probation may independently contact a notarial practice organization for probation or request the Department of Justice to arrange probation at a notarial practice organization.

3. During the probation period, individuals are allowed to perform tasks related to notarization under the guidance and assignment of notaries and are responsible to those notaries for such tasks; they are not permitted to sign notarial documents.

Upon completion of the probation period, individuals must submit a written report on their probation results, including comments from the guiding notary regarding their professional competence and moral character, to the Department of Justice where they registered for probation.

Article 17. Individuals Exempt from Probation Period for Practicing Notarial Profession

Individuals exempted from notarial profession training as stipulated in Article 15 of this Law are also exempted from the probation period for practicing the notarial profession.

Article 18. Appointment of Notaries

1. Individuals completing the probation period for practicing the notarial profession have the right to request the Minister of Justice to appoint them as notaries. The application for appointment as a notary includes the following documents:

a) Application for appointment as a notary;

b) Copy of the bachelor's degree in law or master's degree in law;

c) Documents proving legal work experience;

d) Copy of the Certificate of Completion of Notarial Profession Training;

đ) Report on the results of the probation period for practicing the notarial profession, including comments from the guiding notary;

e) Curriculum vitae;

g) Health certificate.

2. Individuals exempted from notarial profession training and probation period for practicing the notarial profession have the right to request the Minister of Justice to appoint them as notaries. The application for appointment as a notary includes the following documents:

a) Application for appointment as a notary;

b) Copy of the bachelor's degree in law or master's degree in law or doctoral degree in law;

c) Documents proving exemption from notarial profession training and probation period for practicing the notarial profession;

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

đ) Curriculum vitae;

e) Health certificate.

3. Within ten working days from the date of receiving a complete application for appointment as a notary as stipulated in Clause 1 of this Article, the Department of Justice must submit a written recommendation for appointment along with the application to the Minister of Justice; if rejected, it must notify the applicant in writing and specify the reasons. The applicant has the right to appeal according to the law.

4. Within twenty days from the date of receiving a complete application for appointment as a notary, the Minister of Justice shall review and decide on the appointment; if rejected, it must notify the Department of Justice and the applicant in writing and specify the reasons. The applicant has the right to appeal according to the law.

Upon being appointed as a notary, the individual will be issued a notary card by the Minister of Justice.

Article 19. Cases where not eligible for appointment as a notary public

1. A person who is being pursued for criminal responsibility; has been convicted but not yet had their criminal record expunged for a crime of negligence; has been convicted of a crime of intent.

2. A person to whom another administrative measure is being applied according to the law on handling administrative violations.

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

4. Civil servants, government officials, or employees who have been dismissed from their positions.

5. A lawyer whose practicing certificate has been revoked due to disciplinary action resulting in removal from the list of lawyers' associations, or whose practicing certificate has been confiscated due to disciplinary action.

Article 20. Removal of a notary public

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

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

a) No longer meeting the criteria for a notary public as stipulated in Article 13 of this Law;

b) Losing or being restricted in civil capacity;

c) Holding another position concurrently;

d) Not engaging in notarization work since the date of appointment as a notary public for two years or more, or not continuously engaging in notarization work for one year or more;

đ) Having been administratively punished twice in notarization activities and continuing to violate, or having been disciplined with a warning or higher level of discipline twice and continuing to violate, or being disciplined with dismissal;

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

3. The Minister of Justice shall decide to remove a notary public on his own initiative or upon the proposal of the Department of Justice at the locality where the notary public is engaged in notarization work, or the Department of Justice at the locality proposing the appointment of a notary public if the notary public has not yet engaged in notarization work.

The application for removal of a notary public in cases stipulated in Clause 1 of this Article must include the notary public's resignation letter and the Department of Justice's proposal.

The Department of Justice's application for removal of a notary public in cases stipulated in Clause 2 of this Article must include the Department of Justice's proposal and related documents serving as grounds for the removal proposal.

4. Within ten working days from the date of receipt of the application for removal of a notary public, the Minister of Justice shall examine and decide on the removal of the notary public and revoke the notary public's card.

Article 21. Suspension of notarization practice

1. The Department of Justice decides to suspend the notarization practice of a notary public in one of the cases specified in points a, b, c, d, and đ of Clause 2 of Article 20 of this Law, or when the notary public is being pursued for criminal responsibility or subjected to another administrative measure according to the law on handling administrative violations.

2. The Department of Justice decides to revoke the decision to suspend the notarization practice of a notary public in the following cases:

a) No longer falling under the cases specified in points a, b, c, and đ of Clause 2 of Article 20 of this Law;

b) There is a decision to terminate the investigation or terminate the case, or there is a court judgment that has taken legal effect declaring the notary public not guilty;

c) No longer subject to another administrative measure according to the law on handling administrative violations.

3. The decision to suspend and the decision to revoke the suspension of notarization practice must be sent to the notary public, the organization engaged in notarization work where the notary public works, the provincial People's Committee, and the Ministry of Justice.

Article 22. Rights and obligations of notaries

1. Notaries have the following rights:

a) To choose the place to practice notarization, except for notaries of Notary Offices;

b) To request individuals, agencies, organizations related to provide information and documents to carry out notarization;

c) Other rights prescribed by this Law.

2. Notaries have the following obligations:

a) To comply with the principles of notarization practice;

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

c) To keep confidential the content of notarization, except where the person requesting notarization agrees in writing or where the law provides otherwise;

d) To practice at one notarization service organization.

Chapter III

NOTARY PRACTICES

Article 23. Forms of organizing notarization practice

1. Notary Office.

2. Notary Office Firm.

Article 24. Notary Office

1. The Notary Office is established by decision of the People's Committee of the province.

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

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

The Government shall stipulate the financial regime and seal of the Notary Office.

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

Article 25. Establishment of Notary Office

1. Based on the need for notarization in the locality, the Department of Justice shall develop a proposal for establishing a Notary Office to be submitted to the People's Committee of the province for consideration and decision. The proposal clearly states the necessity of establishment, organizational structure, name, personnel, location of the office, material conditions, and implementation plan.

2. Within thirty days from the date of the decision to establish the Notary Office, the Department of Justice must publish in three consecutive issues of a central or local newspaper the following contents:

a) Name and address of the Notary Office;

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

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

Article 26. Notary Office Firm

1. The Notary Office Firm is established by notaries.

A Notary Office Firm established by one notary operates and functions as a private enterprise. A Notary Office Firm established by two or more notaries operates and functions as a partnership company.

The legal representative of the Notary Office Firm is the Director of the Notary Office Firm. The Director of the Notary Office Firm must be a notary.

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

The Government shall stipulate the seal of the Notary Office Firm.

3. The name of the Notary Office Firm is chosen by the notary but must include the phrase "Notary Office Firm," and it may not be identical or cause confusion with the name of another notarization service organization, nor may it use language or symbols that violate historical traditions, culture, ethics, and customs of the nation.

Article 27. Establishment and Registration of Notary Offices

1. A notary public who establishes a Notary Office must submit a request for establishment of the Notary Office to the Provincial People's Committee, including the following documents:

a) Application for establishment of the Notary Office;

b) Proposal for establishment of the Notary Office detailing the necessity of establishment, organizational structure, name, personnel, location of headquarters, material conditions, and implementation plan;

c) Copy of the decision appointing the notary public.

2. Within twenty days from the date of receipt of the request for establishment of the Notary Office, the Provincial People's Committee shall examine and decide on allowing the establishment of the Notary Office. In case of refusal, it must notify in writing and specify the reasons. The person refused has the right to appeal according to the provisions of law.

3. Within ninety days from the date of receiving the decision allowing establishment, the Notary Office must register its operation with the Department of Justice of the locality that allowed its establishment. At the time of registration, there must be an application for registration of operation and proof of the office location in the locality where the decision allowing establishment was made.

Within ten working days from the date of receipt of the registration documents, the Department of Justice shall issue the registration certificate for the Notary 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 law.

The Notary Office may commence operations from the date the Department of Justice issues the registration certificate.

4. Within six months from the date of issuance of the registration certificate, if the Notary Office does not operate or ceases to operate continuously for three months or more, the Department of Justice shall revoke the registration certificate.

5. Within ninety days from the date of receiving the decision allowing establishment, if the Notary Office does not register its operation or in case the registration certificate of the Notary Office is revoked, the Provincial People's Committee shall revoke the decision allowing establishment of the Notary Office.

Article 28. Changes to the Registered Content of the Notary Office

When changing the office location, name, or list of notary publics, the Notary Office must immediately notify in writing the Department of Justice where it registered its operation.

In case of changing the office location or name, the Notary Office shall be reissued the registration certificate.

Article 29. Provision of Information about the Registered Content of the Notary Office

Within ten working days from the date of issuance of the registration certificate or reissuance due to changes in office location or name, the Department of Justice must notify in writing the tax authority, statistical agency, provincial police department, district people's committee, town people's committee, township people's committee, and commune people's committee where the Notary Office is located.

Article 30. Publication of the Registered Content of the Notary Office

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

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

b) Surnames, names, and appointment decision numbers of notary publics practicing in the Notary Office;

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

2. In case of reissuance of the registration certificate due to changes in office location or name, the Notary Office must publish the contents of the reissued registration certificate according to the provisions of Clause 1 of this Article.

Article 31. Rights of Notary Practice Organizations

1. Hiring employees to work for notary practice organizations.

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

3. Other rights as prescribed by this Law and other relevant laws.

Article 32. Obligations of Notary Practice Organizations

1. Displaying working schedule, notarization procedures, notarization fees, remuneration for notarization, internal regulations for receiving requests for notarization at the headquarters of the notary practice organization.

2. Implementing working hours according to the administrative agencies' working schedule.

3. Adhering to labor laws, tax laws, financial laws, and statistical laws.

4. Complying with requirements from competent state agencies regarding reporting, inspection, and audit.

5. Compensating for damages caused by the fault of notaries of the notary practice organization to those requesting notarization.

6. Storing notarization files.

7. The notary office has the obligation to purchase professional liability insurance for its notaries.

8. Other obligations as prescribed by this Law and other relevant laws.

Article 33. Dissolution of Notary Office

1. In cases where it is unnecessary to maintain the Notary Office, the Department of Justice shall prepare a proposal for dissolving the Notary Office, report to the People's Committee of the province for consideration and decision.

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

2. Within fifteen days from the date the People's Committee of the province issues the decision to dissolve the Notary Office, the Department of Justice must publish in two consecutive central or local newspapers about the dissolution of the Notary Office.

Article 34. Termination of Activities of Notary Office

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

a) Voluntary termination of activities;

b) Being revoked the registration certificate due to violation of laws by the Notary Office or the absence of notaries due to removal from office.

2. In cases of termination of activities as stipulated in point a, Clause 1, Article 34 of this Law, the Notary Office must submit a written report to the Department of Justice where it is registered at least thirty days before the expected termination date.

The Notary Office has the obligation to settle debts, terminate signed labor contracts with workers, fulfill received notarization requests, and publish in two consecutive central or local newspapers about the expected termination date.

The Department of Justice has the responsibility to notify in writing about the termination of activities of the Notary Office to the agencies specified in Article 29 of this Law.

3. In cases of termination of activities as stipulated in point b, Clause 1, Article 34 of this Law, within seven working days from the date of revocation of the registration certificate, the Department of Justice has the responsibility to notify in writing to the agencies specified in Article 29 of this Law.

The Notary Office has the obligation to settle debts, terminate signed labor contracts with workers; for received notarization requests that have not been notarized, it must return the request file to the requester and publish in two consecutive central or local newspapers about the termination of activities.

Chapter IV

NOTARIZATION PROCEDURES FOR CONTRACTS AND TRANSACTIONS

Section 1

GENERAL PROCEDURES FOR NOTARIZATION OF CONTRACTS AND TRANSACTIONS

Article 35. Notarization of pre-drafted contracts and transactions

1. The person requesting notarization shall submit a set of notarization request documents including the following papers:

a) A notarization request form for the contract or transaction according to the prescribed model;

b) Draft of the contract or transaction;

c) A copy of personal identification documents;

d) A copy of the certificate of ownership or right to use, or a substitute document as prescribed by law for assets that must be registered under the law, in cases where the contract or transaction involves such assets;

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

2. The copies referred to in Clause 1 of this Article shall be photographic copies, printed copies, typewritten copies, or computer-printed copies but must contain all the information and be accurate like the original and need not be certified.

When submitting copies, the person requesting notarization must present the originals for comparison.

3. The notary receives the application documents and checks the papers in the notarization application. If the application documents are complete and comply with the provisions of the law, they will be accepted and recorded in the notarization register.

4. In cases where there are grounds to believe that the notarization request documents contain unclear issues, the conclusion of the contract or transaction is suspected of being threatened, coerced, or there is doubt about the civil capacity of the person requesting notarization or the object of the contract or transaction does not exist, the notary shall request the person requesting notarization to clarify or, at the request of the person requesting notarization, the notary may conduct verification or require an appraisal; if clarification cannot be made, the notary has the right to refuse notarization.

5. The notary shall examine the draft of the contract or transaction; if the draft contains provisions violating the law, contrary to social morals, or the object of the contract or transaction is inconsistent with reality, the notary must point out to the person requesting notarization for correction. If the person requesting notarization does not make corrections, the notary has the right to refuse notarization.

6. The person requesting notarization shall read the draft of the contract or transaction themselves or the notary shall read it aloud to the person requesting notarization. If the person requesting notarization agrees with all the contents in the draft of the contract or transaction, they shall sign each page of the contract or transaction. The notary shall record the certification statement and sign each page of the contract or transaction.

Article 36. Notarization of contracts and transactions drafted by the notary upon request of the person requesting notarization

1. The person requesting notarization shall submit a set of documents as prescribed in Points a, c, d, and đ of Clause 1 of Article 35 of this Law and state the content and intention of concluding the contract or transaction.

2. The notary shall perform the tasks prescribed in Clauses 2, 3, and 4 of Article 35 of this Law.

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

3. The person requesting notarization shall read the draft of the contract or transaction themselves or the notary shall read it aloud to the person requesting notarization. If the person requesting notarization agrees with all the contents in the draft of the contract or transaction, they shall sign each page of the contract or transaction. The notary shall record the certification statement and sign each page of the contract or transaction.

Article 37. Authority to notarize contracts and transactions concerning immovable property

1. Notaries of organizations practicing notarization have the authority to notarize contracts and transactions concerning immovable property within the province or centrally-administered city where the organization practicing notarization is headquartered, except in cases provided for in Clause 2 of this Article.

2. Notaries of organizations practicing notarization have the authority to notarize wills and documents refusing inheritance of immovable property.

Article 38. Notarization Period

1. The notarization period is determined from the date when the notary organization receives a complete set of documents for notarization to the date when the notarization result is delivered. The time spent on verification and appraisal shall not be included in the notarization period.

2. The notarization period shall not exceed two working days; for complex contracts or transactions requiring notarization, the notarization period may be extended but shall not exceed ten working days.

Article 39. Location of Notarization

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

2. Notarization may be conducted outside the office premises of the notary organization in cases where the person requesting notarization is elderly and unable to travel, under temporary detention, arrest, serving a prison sentence, or has a legitimate reason preventing them from reaching the notary organization's office.

Article 40. Writing in Notarial Documents

1. Writing in notarial documents must be clear and legible, without abbreviations or symbols, without interlineation or overwriting, and without erasure or blank spaces, except as otherwise provided by law.

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

Article 41. Signing and Thumbprint in Notarial Documents

1. The person requesting notarization and witnesses must sign the notarial document in the presence of the notary public.

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

2. A thumbprint may replace a signature in notarial documents in cases where the person requesting notarization or witness is unable to sign due to disability or illiteracy. When placing a thumbprint, the person requesting notarization or witness uses their right index finger; if unable to use the right index finger, they use the left index finger; if neither index finger can be used, another finger is used, and it must be clearly noted which finger and hand was used for the thumbprint.

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

a) Notarizing a will;

b) At the request of the person requesting notarization;

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

Article 42. Page and Sheet Marking in Notarial Documents

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

Article 43. Technical Corrections in Notarial Documents

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

2. The person performing technical corrections in notarial documents must be a notary public from the notary organization that conducted the notarization. If the notary organization ceases operations or is dissolved, the notary public from the organization storing the notarization files will perform the technical corrections.

3. When making technical corrections in notarial documents, the notary public is responsible for comparing each correction needed with the documents in the notarization file, marking the areas to be corrected, then writing the corrected text, stamp, or number beside the correction along with their signature and the seal of the notary organization. The notary public is responsible for notifying the parties involved in the contract or transaction about the technical correction.

Article 44. Notarization of the amendment, supplementation, cancellation of contracts and transactions

1. The amendment, supplementation, cancellation of contracts and transactions that have been notarized can only be carried out when all parties involved in such contracts and transactions agree and commit in writing, and must be notarized.

2. The person performing the notarization of the amendment, supplementation, cancellation of contracts and transactions must be a notary public from the notary practice organization that performed the original notarization. In case the notary practice organization that performed the original notarization ceases operations or is dissolved, the notary public from the notary practice organization currently storing the notarization file shall perform the amendment, supplementation, cancellation of contracts and transactions.

3. The notarization of the amendment, supplementation, cancellation of contracts and transactions shall be conducted according to the procedures for notarizing contracts and transactions stipulated in Chapter IV of this Law.

Article 45. Persons entitled to request the court to declare a notarized document invalid

Notaries, persons requesting notarization, witnesses, interested parties, competent state agencies have the right to request the court to declare a notarized document invalid if there is evidence indicating that the notarization violates the law.

Section 2

PROCEDURE FOR NOTARIZING MORTGAGE CONTRACTS, WILLS, AGREEMENTS ON THE DISTRIBUTION OF INHERITANCE, CLAIMS TO ACCEPT INHERITANCE, REFUSALS TO ACCEPT INHERITANCE AND THE DEPOSIT OF WILLS

WILL, AGREEMENT ON INHERITANCE DISTRIBUTION, DOCUMENT TO ACKNOWLEDGE INHERITANCE, DOCUMENT TO REFUSE INHERITANCE AND TO KEEP THE WILL

APPLICATION FOR INHERITANCE, DOCUMENTS REFUSING INHERITANCE

AND TO KEEP THE WILL

Article 46. Scope of application

The procedure for notarizing mortgage contracts, wills, agreements on the distribution of inheritance, claims to accept inheritance, refusals to accept inheritance shall be applied according to the provisions of this Section, while also following other provisions of Section 1 of Chapter IV of this Law without conflicting with the provisions of this Section.

Article 47. Notarization of mortgage contracts

1. A notary public from a notary practice organization shall carry out the notarization of mortgage contracts within the province or centrally-administered city where the immovable property is located, except as provided in Clause 2 of this Article.

2. If multiple immovable properties located in different provinces or centrally-administered cities are mortgaged to secure the performance of one obligation, the notarization of such mortgage contract shall be carried out by a notary public from a notary practice organization whose office is located in the province or centrally-administered city where one of the immovable properties is situated.

3. If an immovable property has already been mortgaged to secure the performance of one obligation and the mortgage contract has been notarized, and subsequently it is mortgaged again to secure another obligation within the scope permitted by law, then subsequent mortgage contracts must be notarized by the notary public who notarized the initial mortgage contract. In case the notary public who notarized the initial mortgage contract transfers to another notary practice organization, ceases practicing as a notary, or cannot perform the notarization, the notary public from the notary practice organization currently storing the notarized mortgage contract shall notarize the subsequent mortgage contract.

Article 48. Notarization of wills

1. The testator must personally request the notarization of the will; they may not delegate this request to another person.

2. If the notary public suspects that the testator suffers from mental illness or another disease that prevents them from understanding and controlling their actions, or if there is evidence suggesting that the will was made under fraud, threat, or coercion, the notary public shall refuse to notarize the will or, at the request of the testator, conduct an investigation or require an appraisal.

In cases where the life of the testator is threatened, the person requesting notarization does not need to present all the documents required under Clause 1 of Article 35 of this Law but must clearly record this in the notarized document.

3. If a will has been notarized and the testator later wishes to amend, supplement, replace, or cancel part or all of the will, they may request any notary public to notarize these changes. If the previous will is being stored by a notary practice organization, the testator must inform that organization about the amendments, supplements, replacements, or cancellations of the will.

Article 49. Notarization of the agreement on the division of inheritance

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

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

2. In cases where the inheritance includes land use rights or assets that must be registered according to the law, the person requesting notarization must present documents to prove the land use rights and ownership of the assets left by the decedent.

In cases of statutory inheritance, the person requesting notarization must also present documents proving the relationship between the decedent and the statutory heirs as stipulated by the law on inheritance.

In cases of testamentary inheritance, the person requesting notarization must also present the will.

3. The notary must verify to confirm that the decedent was indeed the holder of the land use rights and ownership of the assets, and that the persons requesting notarization are the rightful heirs; if there is doubt or evidence suggesting that the inheritance and the distribution thereof are not in accordance with the law, the notary must refuse the notarization request or, at the request of the person requesting notarization, conduct an investigation.

An agreement on the division of inheritance that has been notarized serves as one of the grounds for competent state agencies to register the transfer of land use rights and ownership of assets to the heirs.

Article 50. Notarization of the declaration of acceptance of inheritance

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

2. The notarization of the declaration of acceptance of inheritance shall be carried out in accordance with the provisions of Clauses 2, 3, and 4 of Article 49 of this Law.

Article 51. Notarization of the declaration of renunciation of inheritance

An heir may request the notarization of the declaration of renunciation of inheritance. When requesting the notarization of the declaration of renunciation of inheritance, the person requesting notarization must present identification documents.

Article 52. Custody of wills

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

2. For wills that have been accepted for custody by a notary organization but subsequently dissolved or ceased operations, before dissolution or cessation, the notary organization must negotiate with the testator regarding the transfer of custody of the will to another notary organization. If no agreement can be reached, the will and the storage fee must be returned to the testator.

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

Chapter V

STORAGE OF NOTARIAL RECORDS

Article 53. Notarial Records

1. Notarial records include the application form for notarization of contracts and transactions, the original notarized document, copies of the documents submitted by the person requesting notarization, verification and appraisal documents, and other related documents.

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

Article 54. Recordkeeping System for Notarized Documents

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

2. The original notarized document must be stored for at least twenty years; other papers in the notarization file must be stored for at least five years.

3. In cases where the competent state authority requests, in writing, the provision of notarization files for supervision, inspection, audit, investigation, prosecution, trial, and enforcement related to notarized matters, the notary public organization shall have the responsibility to provide copies of the notarized documents and other relevant papers. The comparison of the copy of the notarized document with the original can only be conducted at the notary public organization where the notarization file is being stored.

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

In the event that a Notary Public Office ceases operations, such office must agree with another Notary Public Office on the acceptance of notarization files; if no agreement can be reached, it must report to the Department of Justice to designate another Notary Public Office or Notary Public Office to accept the notarization files.

Article 55. Issuance of Copies of Notarized Documents

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

a) At the request of the competent authority in the cases stipulated in Clause 3 of Article 54 of this Law;

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

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

Chapter VI

NOTARY FEES AND COMPENSATION FOR NOTARIZATION SERVICES

Article 56. Notary Fees

1. Notary fees include fees for notarizing contracts and transactions, fees for retaining wills, and fees for issuing copies of notarized documents.

The person requesting notarization of contracts and transactions, retention of wills, and issuance of copies of notarized documents must pay the notary fees.

2. The level of collection, payment, use, and management of notarization fees shall be implemented in accordance with the provisions of the law.

Article 57. Compensation for Notarization Services and Other Costs

1. The person requesting notarization must pay compensation when requesting the notary public organization to draft contracts and transactions, type, photocopy, and perform other tasks related to notarization.

2. If the person requesting notarization requests verification, appraisal, or notarization outside the premises of the notary public organization, then the person requesting notarization must pay the costs to carry out these actions.

3. The level of compensation for each type of work specified in Clause 1 of this Article shall be determined by the notary public organization.

The level of costs specified in Clause 2 of this Article shall be agreed upon between the person requesting notarization and the notary public organization.

Chapter VII

VIOLATIONS, COMPLAINTS, AND DISPUTE RESOLUTION

Article 58. Handling Violations by Notaries

A notary who violates the provisions of this Law shall be subject to disciplinary action, administrative penalties, or criminal liability, depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

Article 59. Handling Violations by Notary Public Organizations

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

Article 60. Handling Violations by Individuals Who Infringe Upon the Rights and Legitimate Interests of Notaries and Notary Public Organizations

An individual holding a position or power who infringes upon the rights and legitimate interests of notaries and notary public organizations, or obstructs notaries and notary public organizations from performing their rights and obligations, shall be subject to disciplinary action or criminal liability, depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

Article 61. Handling of Violations by Individuals and Organizations Engaging in Unauthorized Notarization Activities

1. An individual who engages in notarization activities without meeting the required conditions shall cease such illegal activities and be subject to administrative penalties or criminal prosecution if damage is caused, in accordance with the provisions of the law.

2. An organization that engages in notarization activities without meeting the required conditions shall cease such illegal activities and be subject to administrative penalties; if damage is caused, it must compensate according to the provisions of the law.

Article 62. Handling of Violations by Individuals Requesting Notarization

An individual requesting notarization who alters documents, uses forged documents, or engages in other fraudulent acts when requesting notarization shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.

Article 63. Complaints

An individual requesting notarization has the right to file a complaint regarding the refusal of notarization if there is evidence that such refusal is contrary to the law and infringes upon their legitimate rights and interests.

The Head of the Notary Office or the Head of the Notary Agency shall be responsible for resolving complaints about the refusal of notarization within three working days from the date of receipt of the complaint. If the complainant disagrees with the decision made by the Head of the Notary Office or the Head of the Notary Agency, they have the right to appeal to the Director of the Department of Justice. Within five working days from the date of receipt of the appeal, the Director of the Department of Justice shall be responsible for resolving the matter.

Article 64. Resolution of Disputes

In cases where there is a dispute between an individual requesting notarization and a notary public or a notarization practice organization related to notarization activities, the parties may initiate legal proceedings before the court to resolve the dispute.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 65. Notarization by Vietnamese Representative Offices Abroad

1. Vietnamese representative offices abroad have the authority to notarize contracts and transactions as prescribed by this Law and the laws on consular and diplomatic affairs, except for contracts involving the sale, transfer, assignment, gift, lease, mortgage of immovable property, capital contribution by immovable property, agreements on the division of inheritance, and declarations of acceptance of immovable property inheritance.

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

3. Consular officials and diplomatic officials performing notarization in accordance with the procedures stipulated in Chapter IV of this Law shall have the rights specified in points b and c of Clause 1, Article 22 of this Law and the obligations specified in points a, b, and c of Clause 2, Article 22 of this Law.

Article 66. Transitional Provisions

1. A person currently serving as a notary public may continue to engage in notarization activities in accordance with the provisions of this Law.

2. Within six months from the effective date of this Law, Notary Offices operating under the provisions of Decree No. 75/2000/NĐ-CP dated December 8, 2000 of the Government on notarization and certification shall be converted in accordance with the provisions of this Law.

The Ministry of Justice shall take the lead and coordinate with ministries and ministerial-level agencies to guide the conversion of Notary Offices.

3. Notary Offices currently storing notarization files shall continue to store notarization files in accordance with the provisions of this Law. The retention period for notarization files shall be calculated from the effective date of this Law.

Article 67. Effective Date

This Law takes effect from July 1, 2007./.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam at its 10th session of the 11th term on November 29, 2006.