✦ Tóm lược thông minh
JOINT CIRCULAR No. 84-TT/LB stipulates the regime of charges for notarial services for organizations, Vietnamese citizens, and foreigners when requesting notarization at state notary offices. The charge levels are posted at the office premises and applied according to specific conditions.
Đối tượng áp dụng
All organizations, Vietnamese citizens, and foreigners when requesting notarization
Các điểm cốt lõi
- Vietnamese citizens and foreigners must pay the notarial service fee to the state notary office in accordance with the provisions of this Circular.
- The notarial service fee charge levels are posted at the premises of the State Notary Office, including various types of contracts and documents requiring notarization with specific charge levels.
- The Director of the State Notary Office has the authority to examine and decide on waiving or reducing the notarial service fee for each specific case.
- The notarial service fee must be used in accordance with the regulations of the Ministry of Finance, including setting aside 10% for rewarding civil servants engaged in state notarization work who have achieved outstanding results.
- Provincial Tax Departments under the central government shall implement inspection and enforcement of the payment of notarial service fees in accordance with the provisions of this Circular.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps ensure the rights of citizens and businesses when they need to notarize important contracts and documents.
- Negative impact: May impose a financial burden on some individuals with difficult economic circumstances.
❓ Câu hỏi thường gặp
What is the level of the notarial service fee?
The notarial service fee is specifically defined for each type of contract and document requiring notarization. For example, certification of sales, gift, donation, exchange contracts for houses, construction projects, and ships, the fee is 0.2% of the asset value, with a minimum collection of 50,000 VND and a maximum collection not exceeding 3,000,000 VND.
When does the Director of the State Notary Office have the right to waive or reduce the notarial service fee?
The Director of the State Notary Office may examine and decide to waive the notarial service fee for cases due to humanitarian reasons or charity. The fee can be reduced for first-class and second-class disabled veterans, families of martyrs, and individuals with extremely difficult economic circumstances (the maximum reduction does not exceed 50% of the payable fee).
How is the notarial service fee collected?
The notarial service fee is collected in Vietnamese currency or foreign currency, depending on the type of contract requiring notarization. Receipts for the collection of the notarial service fee and payment vouchers to the state budget (by bank transfer or cash) are primary documents.
What percentage of the total notarial service fee collected can state notary offices retain?
The Director of the State Notary Office is entitled to retain 10% of the total amount of the notarial service fee collected in Vietnamese currency (including foreign currency converted to Vietnamese currency) to reward civil servants engaged in state notarization work who have achieved outstanding results.
When does this Circular take effect?
This Circular takes effect from the date of issuance. Previous regulations concerning notarial service fees that conflict with this Circular are abolished.
Toàn văn
CIRCULAR
Provisions on the collection of notarization fees
______________
Based on Article 8 of Decree No. 45/HĐBT dated February 27, 1991 of the Council of Ministers on the organization and operation of state notarization;
Based on Decision No. 276/CT dated July 28, 1992 of the Chairman of the Council of Ministers on the unified management of various types of fees and notarization fees;
The Ministry of Finance and the Ministry of Justice jointly promulgate the provisions on the collection of notarization fees as follows:
I. The Project Owner is the Ministry of Planning and Investment, People's Committees of Hoa Binh, Son La, Lao Cai, Yen Bai, Phu Tho, and Bac Giang provinces. To implement the project and coordinate activities within the Project, the Project Owners establish the Project Management Board.
1- All organizations, Vietnamese citizens, and foreigners when requesting notarization must pay notarization fees to the state notary office according to the provisions of this Circular.
2- The level of notarization fee collection must be posted at the premises of the state notary office.
3- When collecting notarization fees, the state notary office must use the revenue and payment vouchers for notarization fees issued by the Ministry of Finance (General Tax Department), received from local tax bureaus, and bear responsibility for their management; they must be used in accordance with the regulations of the Ministry of Finance. Revenue and payment vouchers for notarization fees include:
- Receipts for notarization fees;
- Payment vouchers to the state budget (by transfer or cash).
All contracts and documents that have been notarized must be accompanied by a receipt for notarization fees. In cases where exemptions or reductions apply, the head of the state notary office must issue a decision on exemption or reduction, sign it, and clearly write their name on the notarized document.
4- The state notary office is allowed to retain 10% of the total amount of notarization fees collected in Vietnamese currency (including foreign currencies converted into Vietnamese currency) as a reward for civil servants engaged in state notarization work who have achieved outstanding results. The maximum reward in one year shall not exceed six months' basic salary plus current allowances. Any excess retained amount shall be left over to supplement the operating expenses of notarization.
The remaining amount after deducting the aforementioned 10% retention must be deposited into the state budget at the local treasury where the state notary office is located. It must be deposited within five days at the beginning of the following month. Vietnamese dong should be deposited under Chapter 01, Type 15, Item 00, Category 1, Sub-item 35 of the current budget classification; foreign currency should be deposited into account 229-110-370.001 at the Vietnam Bank for Foreign Trade.
The state notary office must maintain accounting records to promptly and accurately track the collection of notarization fees, the retained amount, and the amount deposited into the state budget. Monthly settlements must be submitted to the tax authority as required.
5- Provincial and municipal tax bureaus directly under the central government shall implement inspections and督促你按照指示完成翻译任务，确保每一行的编号和内容与输入保持一致，不要添加任何额外解释或修改原文内容。注意严格遵守法律术语的专业用法。
6- The Director of the State Notary Office may examine and decide to exempt or reduce notarization fees for each specific case as follows:
- Exemption from notarization fees shall be granted for cases due to humanitarian reasons or charitable purposes.
- Reduction of notarization fees shall be granted for war invalids classified as 1/4 and 2/4; families of martyrs who receive state allowances; individuals with extremely difficult economic circumstances, with the maximum reduction not exceeding 50% of the notarization fees payable.
When requesting exemptions or reductions in notarization fees, organizations and citizens must submit a request letter clearly stating the reasons for the exemption or reduction and must have confirmation from the People's Committee of the commune, ward, town, or management agency.
7- The expenses for the regular activities of the State Notary Office shall be funded from the State Budget according to the approved annual budget estimate.
Quarterly and annually, the State Notary Office must prepare and submit financial settlement reports on its income and expenditures to the Department of Finance and Price Control of the provincial or centrally-administered city in accordance with the prescribed regulations.
8- For the People's Committees of districts or towns where there is no State Notary Office and which are responsible for performing four types of notarizations as stipulated in Article 20 of Decree No. 45/HĐBT dated February 27, 1991 issued by the Council of Ministers regarding the organization and operation of State Notarization, such committees shall also apply the provisions of this Circular.
II. LEVELS OF NOTARIZATION FEES
A. FOR ORGANIZATIONS AND CITIZENS OF VIETNAM:
1- Notarizing civil contracts, business contracts, and other contracts.
- Notarizing contracts for the sale, gift, transfer, exchange of houses, construction works, ships; 0.2% of the value of the property, with the minimum fee being 50,000 VND and the maximum fee not exceeding 3,000,000 VND.
- Notarizing contracts for the sale, gift, transfer, exchange of cars, motorcycles, and other assets: 10,000 VND per case;
- Notarizing contracts for renting or borrowing houses: 20,000 VND per case;
- Notarizing contracts for renting or borrowing other assets: 15,000 VND per case;
- Notarizing contracts for undertaking or not undertaking a task, service, or other agreements: 10,000 VND per case;
- Notarizing business contracts: 0.1% of the value of the contract, with the minimum fee being 50,000 VND and the maximum fee not exceeding 5,000,000 VND;
Notarizing loan contracts or other contracts with collateral, pledge, or guarantee: 0.2% of the loan amount or the value of the contract, with the minimum fee being 20,000 VND and the maximum fee not exceeding 2,000,000 VND;
Notarizing deposits: 10,000 VND per case.
2- Notarizing power of attorney.
- Notarizing power of attorney for managing, disposing of assets, receiving inheritance, and other complex powers of attorney: 20,000 VND per case;
Notarizing simple power of attorney: 3,000 VND per case.
3. Notarizing wills, notarizing renunciation or transfer of inheritance rights, notarizing consent to division of inheritance.
- Notarizing wills: 10,000 VND per case;
- Notarizing amendments or partial changes to previously notarized wills: 5,000 VND per case;
- Notarizing renunciation or transfer of inheritance rights: 10,000 VND per case;
- Notarizing consent to division of inheritance: 0.1% of the value of the inheritance, with the minimum fee being 10,000 VND and the maximum fee not exceeding 1,000,000 VND.
4- Notarizing joint property of spouses or individual property of either spouse: 20,000 VND per case.
5- Notarizing maritime protest: 30,000 VND per copy.
6- Notarizing signatures of translators of documents and materials: 2,000 VND per copy or document.
7- Notarizing copies of documents and materials in Vietnamese and foreign languages:
- Notarizing copies of certificates, diplomas, and household registration papers: 1,000 VND per copy;
- Notarizing copies of other documents and materials under two pages: 1,000 VND per page, from the third page onwards: 500 VND per page.
- Notarizing copies of foreign language documents and materials shall be charged twice the fee of those in Vietnamese of the same type.
8. Receiving documents and materials:
- Accepting to keep certificates, licenses, and other documents under 10 pages: 10,000 VND per copy per year;
- Accepting to keep documents from 10 to less than 100 pages: 15,000 VND per document per year;
- Accepting to keep documents from 100 to less than 500 pages: 20,000 VND per document per year;
- Accepting to keep documents from 500 to less than 1,000 pages: 25,000 VND per document per year;
- Accepting to keep documents from 1,000 pages and above: 30,000 VND per document per year;
9- Issuing certified copies of notarized documents currently being kept: 1,000 VND per page.
10- Certifying the value of assets in kind owned by a private enterprise: 0.1% of the asset's value, with a minimum charge of 100,000 VND and a maximum charge not exceeding 5,000,000 VND.
Certifying the Articles of Incorporation of a company: 50,000 VND per case.
B. FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS RESIDENT ABROAD
1- Certifying civil contracts, economic contracts, and other types of contracts.
- Certifying purchase, gift, donation, exchange contracts for houses, construction works, ships: 0.2% of the asset's value, with a minimum charge of 20 USD, and a maximum charge not exceeding 1,500 USD;
- Certifying purchase, sale, gift, donation, exchange contracts for cars, motorcycles, and other assets: 10 USD per case;
- Certifying lease, loan contracts for houses: 20 USD per case;
- Certifying lease, loan contracts for other assets: 15 USD per case;
- Certifying contracts to perform or refrain from performing a task, service, or other agreements: 10 USD per case;
- Certifying economic contracts: 0.1% of the contract's value, with a minimum charge of 20 USD, and a maximum charge not exceeding 2,000 USD;
- Certifying loan contracts or other contracts with collateral, pledge, or guarantee: 0.2% of the loan amount or the contract's value, with a minimum charge of 10 USD, and a maximum charge not exceeding 1,000 USD;
- Certifying deposits: 10 USD per case.
2. Certifying power of attorney.
- Certifying power of attorney for managing, disposing of assets, inheriting, and other complex powers of attorney: 20 USD per case;
- Certifying simple power of attorney: 3 USD per case.
3- Certifying wills, renunciation or transfer of inheritance rights, and certification of consent to divide an inheritance.
- Certifying wills: 10 USD per case;
- Certifying amendments or partial changes to previously notarized wills: 5 USD per case;
- Certifying renunciation or transfer of inheritance rights: 10 USD per case;
- Certifying consents to divide an inheritance: 0.1% of the inheritance's value, with a minimum charge of 10 USD, and a maximum charge not exceeding 500 USD.
4- Certifying joint property of spouses or separate property of a spouse: 20 USD per case.
5- Certifying maritime protests: 5 USD per copy.
6- Certifying signatures of translators on documents or papers: 2 USD per copy or document.
7- Certifying copies of documents or papers
- Certifying copies of certificates, licenses, and household registration documents: 1 USD per copy;
- Certifying copies of other documents: for the first two pages: 1 USD per page; for subsequent pages: 0.5 USD per page.
8- Accepting to keep documents.
- Accepting to keep certificates, licenses, and other documents under 10 pages: 10 USD per copy per year.
- Accepting to keep documents from 10 to less than 100 pages: 15 USD per document per year.
- Accepting to keep documents from 100 to less than 500 pages: 20 USD per document per year.
Accepting to keep documents from 500 to less than 1,000 pages: 25 USD per document per year.
Accepting to keep documents from 1,000 pages and above: 30 USD per document per year.
9- Issuing certified copies of notarized documents currently registered and kept: 1 USD per page.
III. IMPLEMENTATION PROVISIONS
This Circular takes effect from the date of signature. Previous regulations on notary fees that conflict with this Circular are hereby abolished.
When market prices fluctuate by 20% or more, the Ministry of Justice shall coordinate with the Ministry of Finance to adjust the monetary charges in this Circular accordingly.
Notarial acts and certifications by People's Committees at commune, ward, and town levels are not within the scope of application of this Circular.
During implementation, if there are difficulties or obstacles, please promptly report them to the Ministry of Finance and the Ministry of Justice for consideration and resolution by the provinces and centrally-administered cities, and state notaries.
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Còn hiệu lực
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JOINT CIRCULAR No. 84-TT/LB ON THE REGIME OF CHARGES FOR NOTARIAL SERVICES
Expired
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