Decree 104/2025/ND-CP detailing and providing measures to implement the Law on Notarization

DECREE

Detailing a number of articles of, and providing measures to implement, the Law on Notarization^[1]

Pursuant to the February 18, 2025 Law on Organization of the Government;

Pursuant to the November 26, 2024 Law on Notarization;

At the proposal of the Minister of Justice;

The Government promulgates the Decree detailing a number of articles of, and providing measures to implement, the Law on Notarization.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree details Clause 3, Article 22; Articles 30, 31 and 34; Clause 3, Article 39; Article 41; Clause 4, Article 59; Articles 63 and 64; Clause 3, Article 65; and Articles 66 and 68, of the Law on Notarization.

2. This Decree provides measures to organize and guide the implementation of Article 8; Clause 5, Article 11; Clause 2, Article 13; Clause 4, Article 15; Clause 3, Article 16; Clause 4, Article 17; Clause 3, Article 19; Point b, Clause 2, and Clause 6, Article 20; Clauses 1 and 5, Article 23; Clauses 3 and 4, Article 24; Clause 4, Article 25; Clause 4, Article 26; Clause 3, Article 29; Point d, Clause 2, Article 46; Clause 1, Article 50; Clause 3, Article 51; Clause 4, Article 52; Clause 3, Article 61; and Clause 2, Article 62, of the Law on Notarization.

Article 2. Subjects of application

This Decree applies to notaries, consular officers and diplomatic officers assigned to perform notarization (below collectively referred to as diplomatic officers); notarial practice organizations; and overseas diplomatic missions and consular offices of the Socialist Republic of Vietnam (below collectively referred to as diplomatic missions); notaries’ socio-professional organizations; notarization requesters; state management agencies in charge of notarization; and related individuals, agencies and organizations.

Chapter II

NOTARY TRAINING INSTITUTION; DOSSIERS AND PROCEDURES FOR APPOINTMENT, REAPPOINTMENT AND RELIEF FROM DUTY OF NOTARIES

Article 3. Notary training institution

Notary training institution mentioned in Article 11 of the Law on Notarization is a unit under the Ministry of Justice that has the function of providing notary training.

Article 4. Dossier and procedures for appointment of notaries

1. A dossier for appointment of a notary must comprise:

a/ An application for appointment of a notary, made according to the form issued by the Minister of Justice;

b/ Papers proving the applicant’s working experience in legal affairs as required by the Minister of Justice. In case the applicant falls into the case specified in Clause 5 or 6, Article 14 of the Law on Notarization, the dossier must comprise the papers proving that he/she has been relieved from duty, has his/her practice certificate revoked, or no longer falls into that case;

c/ A health certificate issued by a competent medical examination and treatment facility within 6 months up to the date of dossier submission.

The papers specified at Points b and c of this Clause must be originals, certified copies or electronic copies.

2. A person who fully satisfies the criteria and conditions specified in Article 13 of the Law on Notarization shall prepare 1 dossier specified in Clause 1 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice where he/she has completed his/her notarial practice probation.

3. Within 10 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall examine the dossier and send a request to the Minister of Justice for appointment of the notary, enclosed with the dossier of request for appointment of notary, for those who fully satisfy the criteria and conditions for appointment of notaries. In case of refusal, it shall issue a notice, stating the reason.

If information in the dossier is incomplete or inconsistent or requires verification, the provincial-level Department of Justice shall request the applicant to provide explanations and supplement the information, or shall proceed with verification. The time limit specified in this Clause shall be counted from the date the provincial-level Department of Justice receives the explanations or supplemented information or completes the verification.

4. Within 10 working days after receiving the provincial-level Department of Justice’s request together with a valid dossier, the Minister of Justice shall consider and decide on appointment of the notary. In case of refusal, he/she shall issue a notice, stating the reason, to the provincial-level Department of Justice and the applicant.

If information in the dossier is incomplete or inconsistent or requires verification, the Ministry of Justice shall request the provincial-level Department of Justice to supplement or clarify the information, or shall coordinate with related agencies and organizations in conducting the verification. The time limit specified in this Clause shall be counted from the date the Ministry of Justice receives the supplemented or clarified information or completes the verification.

Article 5. Sending and posting of information on decisions on suspension of notarial practice and decisions on termination of suspension of notarial practice

1. A decision on suspension of notarial practice or decision on termination of suspension of notarial practice mentioned in Clause 1 or 3, Article 15 of the Law on Notarization shall be sent within the date of its issuance by the provincial-level Department of Justice to the concerned notary, the notarial practice organization, the Notary Association, and the People’s Committee of the province or centrally run city (below collectively referred to as the provincial-level People’s Committee) of the locality where the notary currently performs notarial practice and, at the same time, updated to the Ministry of Justice’s notarial activity management software.

2. Within 5 working days after issuing a decision mentioned in Clause 1 of this Article, the provincial-level Department of Justice shall publish the decision on the website or portal of the provincial-level Department of Justice (below collectively referred to as portal of the provincial-level Department of Justice); the posting duration must be at least 15 days.

3. Within 3 working days after receiving a competent agency’s decision or information certifying that a notary is subject to penal liability examination or application of administrative handling measures, the concerned notarial practice organization or notaries’ socio-professional organization shall send a report thereon to the provincial-level Department of Justice.

Article 6. Dossier and procedures for relief from duty of notaries

1. A dossier for relief from duty of a notary must comprise a request for relief from duty of a notary, made according to the form issued by the Minister of Justice.

2. A notary falling into the case specified in Clause 1, Article 16 of the Law on Notarization shall prepare 1 dossier specified in Clause 1 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice where the notary currently performs notarial practice or the place where he/she last performed notarial practice before applying for the relief from duty. In case the notary has been appointed but not yet performed notarial practice, he/she shall submit the dossier to the provincial-level Department of Justice that has requested his/her appointment.

Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall make a request for relief from duty of the notary, stating the notary’s practice history and its proposal, and send it together with the dossier to the Minister of Justice. In case of refusal, it shall issue a notice, stating the reason.

3. Within 5 working days after having grounds to believe that the notary falls into a case subject to relief from duty as specified in Clause 2, Article 16 of the Law on Notarization, the provincial-level Department of Justice shall submit a request to the Minister of Justice for relief from duty of the notary, accompanied by supporting documents.

4. Within 10 working days after receiving a complete and valid dossier as specified in Clause 2 or 3 of this Article, the Minister of Justice shall consider and decide on relief from duty of the notary. In case of refusal, he/she shall issue a notice, stating the reason.

If information in the dossier is incomplete or inconsistent or requires verification, the Ministry of Justice shall request the provincial-level Department of Justice to supplement or clarify the information, or shall coordinate with related agencies and organizations in conducting the verification. The time limit specified in this Clause shall be counted from the date the Ministry of Justice receives the supplemented or clarified information or completes the verification.

5. The Minister of Justice may himself/herself consider and decide on relief from duty of a notary who falls into a case subject to relief from duty as specified in Clause 2, Article 16 of the Law on Notarization, even when the provincial-level Department of Justice makes no request for relief from duty of the notary.

6. A notarial practice organization shall, when detecting that one of its notaries falls into a case subject to relief from duty or subject to automatic relief from duty, promptly send a report thereon to the provincial-level Department of Justice where the organization’s operation is registered for consideration and handling under regulations.

The provincial-level Department of Justice shall regularly monitor, inspect and review notaries in the locality in order to promptly detect notaries falling into the case subject to relief from duty as specified in Clause 2, Article 16 of the Law on Notarization; and regularly count and update the list of notaries subject to automatic relief from duty to the Ministry of Justice’s notarial activity management software and, at the same time, post such list on the portal of the provincial-level Department of Justice.

7. A notary may no longer sign any notarized document from the effective date of the decision on relief from duty of him/her.

Article 7. Dossier and procedures for reappointment of notaries

1. A dossier for reappointment of a notary must comprise:

a/ An application for reappointment of a notary, made according to the form issued by the Minister of Justice;

b/ Papers proving the applicant’s full satisfaction of the conditions for reappointment as specified in Clauses 1 and 2, Article 17 of the Law on Notarization.

The papers specified at Point b of this Clause must be originals, certified copies or electronic copies.

2. A notary wishing to be reappointed under Article 17 of the Law on Notarization shall prepare 1 dossier specified in Clause 1 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice that has requested relief from duty of him/her. In case of being relieved from duty under Clause 5, Article 6 of this Decree, the notary who applies for reappointment shall submit the dossier to the provincial-level Department of Justice where he/she last performed notarial practice before being relieved from duty.

3. Procedures for reappointment of notaries must comply with Clauses 3 and 4, Article 4 of this Decree.

Chapter III

NOTARIAL PRACTICE ORGANIZATIONS

Section 1

STATE-RUN NOTARY OFFICES

Article 8. Conditions on the head office of a state-run notary office

1. Having a specific address based on administrative boundaries.

2. Having sufficient working space for notaries, other public employees and workers, shared area and designated area under regulations on standards and norms for use of working offices for non-business units and the law on management and use of public assets; and satisfying the conditions on fire protection and storage of notarial records under regulations.

3. In case of rent of office, the rent term must be at least 2 years.

Article 9. Scheme on transformation of state-run notary offices into notary offices

1. The provincial-level Department of Justice shall assume the prime responsibility for, and coordinate with related departments and sectors and the Notary Association in the locality in, formulating a Scheme on transformation of state-run notary offices into notary offices (below referred to as the Scheme), and submit it to the provincial-level People’s Committee. The Scheme shall be put for consultation with notaries, public employees and workers currently working at the state-run notary office, and political or socio-political organization (if any) of the state-run notary office.

2. The Scheme must have the following principal contents:

a/ Necessity of transformation of the state-run notary office;

b/ Performance results of the state-run notary office over the past 3 years, including: the state budget remittance and tax amounts paid; number of notarization and certification jobs; and results of other activities of the state-run notary office;

c/ Method of transformation, which must state that the right to acquire the state-run notary office is transferred to the notaries of the state-run notary office (together with a list of these notaries) or put for auction (stating the proposed reserve price);

d/ Plan on settlement of regimes and policies for notaries, public employees and workers of the state-run notary office; plan on handling of assets and cash balance of the funds set up by the state-run notary office in accordance with law, along with other issues;

dd/ Number and classification of notarial records of the state-run notary office;

e/ Estimated expenses for the transformation;

g/ Responsibility of the provincial-level Department of Justice, and related departments, sectors as well as organizations and agencies for organizing the implementation of the Scheme.

3. Within 30 days after receiving the provincial-level Department of Justice’s request together with the Scheme, the provincial-level People’s Committee shall issue a decision approving the Scheme and send it to the provincial-level Department of Justice, the local Notary Association, and the state-run notary office. In case of refusal, it shall issue a notice, stating the reason, to the agencies and organizations mentioned in this Clause.

4. The provincial-level Department of Justice shall assume the prime responsibility for, and coordinate with related local departments and sectors in, transforming the state-run notary office in conformity with the approved Scheme.

Article 10. Methods of transformation of state-run notary offices

1. The right to acquire a state-run notary office shall be transferred to the notaries who currently act as public employees of the state-run notary office. The price of this right is the average of the state budget remittance and tax amounts paid by the state-run notary office for the past 3 years.

2. If the notaries of the state-run notary office refuse to acquire the state-run notary office or do not fully satisfy the conditions specified in Clause 2, Article 23 of the Law on Notarization, the right to acquire the state-run notary office shall be put for auction. The reserve price for the auction is the average of the state budget remittance and tax amounts paid by the state-run notary office for the past 3 years. The auction shall be held according to the procedures for auction of public assets.

3. The right to acquire a state-run notary office is exclusive of the value of the state-owned head office, equipment and other assets that are currently managed and used by the state-run notary office.

Article 11. Decisions on transformation of state-run notary offices

1. Provincial-level People’s Committees shall, at the proposal of provincial-level Departments of Justice, issue decisions on transformation of state-run notary offices into notary offices.

2. The notary office transformed from a state-run notary office shall carry out operation registration procedures as a newly established notary office. The state-run notary office shall terminate operation on the date the transformation decision takes effect.

3. The notary office transformed from a state-run notary office shall take over all rights and obligations related to notarial activities and receive all notarial records of the state-run notary office.

Article 12. Regimes and policies for notaries, other public employees and workers of transformed state-run notary offices

1. The settlement of regimes and policies for notaries, other public employees and workers of transformed state-run notary offices must comply with the regulations applicable to public non-business units subject to operation termination and other relevant regulations.

2. Provincial-level Departments of Justice shall assume the prime responsibility for, and coordinate with related local departments and sectors in, proposing the regimes and policies mentioned in Clause 1 of this Article to provincial-level People’s Committees for consideration and decision.

Article 13. Handling of assets at transformed state-run notary offices

1. The handling of the state-owned assets that are currently managed and used by state-run notary offices must comply with the law on management and use of public assets.

2. Provincial-level Departments of Finance shall assume the prime responsibility for, and coordinate with provincial-level Departments of Justice in, proposing provincial-level People’s Committees to consider and decide on the handling of assets specified in Clause 1 of this Article.

Article 14. Dissolution of state-run notary offices

1. State-run notary offices that are subject to transformation into notary offices under the Law on Notarization but cannot be transformed shall be dissolved.

2. A state-run notary office may only be dissolved after the conditions specified in Clause 2, Article 22 of the Law on Notarization are satisfied and all regimes and policies for its notaries, public employees and workers have been settled in accordance with regulations.

The dissolution of state-run notary offices must comply with the Law on Notarization, the regulations on public non-business units, and other relevant regulations.

Article 15. Roadmap for completion of transformation or dissolution of state-run notary offices

1. Based on the financial autonomy level of state-run notary offices, the roadmap for completion of the transformation or dissolution of state-run notary offices in localities is as follows:

a/ No later than December 31, 2026, for state-run notary offices that can fully cover their recurrent expenditures and investment expenditures;

b/ No later than December 31, 2027, for state-run notary offices that can fully cover their recurrent expenditures; or,

c/ No later than December 31, 2028, for state-run notary offices other than those specified at Points a and b of this Clause.

2. Provincial-level People’s Committees shall, in pursuance to the Law on Notarization, this Decree, and the regulations on reorganization and restructuring of public non-business units, and based on local conditions, decide on the transformation or dissolution of state-run notary offices in localities in line with the roadmap specified in Clause 1 of this Article.

Article 16. Publishing of information on establishment, transformation or dissolution of state-run notary offices

1. Within 5 working days after the provincial-level People’s Committee issues a decision on the establishment of a state-run notary office, the provincial-level Department of Justice shall publish on 3 consecutive issues of a central newspaper or a newspaper of the locality where the state-run notary office is located the following details: name and address of the state-run notary office; code and issuance date of the establishment decision; and the date of commencement of operation of the state-run notary office.

2. Within 5 working days after the provincial-level People’s Committee issues a decision on change of the name or address of a state-run notary office, transformation of a state-run notary office into a notary office, or dissolution of a state-run notary office, the provincial-level Department of Justice shall publish information on such change, transformation or dissolution on 3 consecutive issues of a central newspaper or a newspaper of the locality where the state-run notary office is located.

Section 2

NOTARY OFFICES

Article 17. Notary offices organized and operating as sole proprietorships

1. Based on the criteria specified in Clause 1, Article 23 of the Law on Notarization and relevant regulations, the provincial-level People’s Committee shall issue a list of district-level localities where it is permitted to establish notary offices organized and operating as sole proprietorships (below referred to as notary offices as sole proprietorships) in the locality.

2. Notary offices as sole proprietorships may be transformed into notary offices organized and operating as partnerships (below referred to as notary office as partnerships). Notary offices as partnerships may not be transformed into notary offices as sole proprietorships.

3. The transformation of a notary office as sole proprietorship (below referred to as the transformed notary office) into a notary office as partnership (below referred to as the transforming notary office) must satisfy the following conditions:

a/ The transformed notary office is not subject to suspension of operation or revocation of the establishment decision or revocation of the operation registration certificate at the time of application for transformation;

b/ The Head of the transformed notary office makes a written commitment to bearing personal liability with all of his/her assets for outstanding debts and other property obligations, and to making full payment for such debts and obligations when due, unless otherwise agreed upon by the tentative general partners of the transforming notary office;

c/ The tentative general partners of the transforming notary office reach a written agreement on continuing to perform pending notarization requests and other transactions being performed or not yet terminated or cancelled; and on receiving and employing the incumbent employees of the transformed notary office;

d/ The transforming notary office has its address in the same commune-level locality as the transformed notary office.

4. A dossier for transformation of a notary office specified in Clause 3 of this Article must comprise:

a/ An application for transformation of the notary office, stating the applicant’s satisfaction of the conditions specified in Clause 3 of this Article;

b/ Appointment decisions of the tentative general partners of the transforming notary office; and papers proving that the applicant has performed the notarial practice for full 2 years of more, for a notary expected to act as the Head of the transforming notary office;

c/ A draft Charter of the transforming notary office;

d/ The written commitments and agreements as specified in Clause 3 of this Article.

The papers specified at Point b of this Clause must be originals, certified copies or electronic copies.

5. The notary acting as the Head of the transformed notary office shall prepare 1 dossier specified in Clause 4 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice where the transformed notary office’s operation is registered.

6. Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall examine the dossier and send a request to the provincial-level People’s Committee for the latter to approve the transformation; in case of refusal, it shall issue a notice, stating the reason.

Within 10 working days after receiving the provincial-level Department of Justice’s request together with a valid dossier, the provincial-level People’s Committee shall consider and decide whether to approve or disapprove the transformation. In case of disapproval, it shall issue a notice, stating the reason.

7. Procedures for changing operation registration contents, providing information, and publishing information on changes in operation registration contents of the transforming notary office must comply with Articles 21 and 22 of this Decree.

8. The transforming notary office may operate and take over all rights and obligations of the transformed notary office from the date it is granted the operation registration certificate. The Head of the transformed notary office shall bear personal responsibility with all of his/her assets for all debts incurring prior to the date the transforming notary office is granted the operation registration certificate, unless otherwise agreed upon by the general partners of the transforming notary office.

Article 18. Conditions on the head office of a notary office

1. The head office of a notary office must satisfy the following conditions:

a/ Having a specific address based on administrative boundaries;

b/ Having the working space of at least 8m² per notary, and the area for archival activities of at least 50m²; satisfying the law-specified conditions on fire protection and storage of notarial records;

c/ In case of rent of office, the rent term must be at least 2 years.

2. The notary applying for the establishment of a notary office shall provide information on the head office of the to-be-established notary office in the Scheme for establishment of the notary office; and submit supporting papers at the time of registration of the notary office’s operation.

Article 19. Dossiers and procedures for establishment of notary offices

1. A dossier for establishment of a notary office must comprise:

a/ A Scheme for establishment of a notary office, stating the necessity of the establishment, the proposed organizational structure, name, personnel and location of the notary office, physical conditions, and plan on implementation of the Scheme; value and proportion of capital contributions, and a commitment to contributing capital before the date the notary office submits a dossier for operation registration, for notary offices as partnerships; or information on investment capital of the Head of the notary office, for notary offices as sole proprietorships;

b/ Appointment decisions of the tentative general partners and the draft Charter of the notary office, for notary offices as partnerships; or appointment decision of the notary expected to act as the Head of the notary office, for notary offices as sole proprietorships;

c/ Papers proving that the applicant has at least 2 years’ experience in notarial practice, for the notary expected to act as the Head of the notary office.

The papers specified at Points b and c of this Clause must be originals, certified copies or electronic copies.

The draft Charter of the notary office mentioned at Point b of this Clause must have the following principal contents: name and address of the notary office; full names and contact addresses of general partners; total charter capital, assets contributed as capital, value and proportion of capital contributions of general partners; rights and obligations of general partners; organizational structure of the notary office, rights and obligations of the Head of the notary office and other general partners; salary and income payment principles; dispute resolution principles; and procedures for modifying and supplementing the Charter.

2. A notary who fully satisfies the conditions specified in Article 24 of the Law on Notarization shall prepare 1 dossier specified in Clause 1 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice of the locality where the notary office is to be located.

3. Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall submit a request to the provincial-level People’s Committee for the latter to consider and decide on the establishment of the notary office. In case of refusal, it shall issue a notice, stating the reason.

Within 10 working days after receiving the provincial-level Department of Justice’s request together with a valid dossier, the provincial-level People’s Committee shall consider and decide whether to approve or disapprove the establishment of the notary office. In case of disapproval, it shall issue a notice, stating the reason.

If information in the dossier is incomplete or inconsistent, the provincial-level Department of Justice or provincial-level People’s Committee shall request the applicant to supplement or clarify the information. The time limit specified in this Clause shall be counted from the date the provincial-level Department of Justice or provincial-level People’s Committee receives the supplemented or clarified information.

Article 20. Dossier and procedures for registration of operation of notary offices

1. A dossier for registration of operation of a notary office must comprise:

a/ An application for operation registration, made according to the form issued by the Minister of Justice;

b/ Papers evidencing the satisfaction of the conditions on the head office of the notary office as stated in the Scheme for establishment of the notary office;

c/ Papers evidencing that the general partners of the notary office have contributed capital in accordance with the Law on Enterprises, for notary offices as partnerships; or papers evidencing investment capital of the Head of the notary office, for notary offices as sole proprietorships; labor contracts and appointment decisions of notaries working under labor contracts (if any); and two 2cm x 3cm photos of each notary.

The papers specified at Points b and c of this Clause must be originals, certified copies or electronic copies.

2. A notary office applying for operation registration under Article 25 of the Law on Notarization shall prepare 1 dossier specified in Clause 1 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice that has issued the decision approving the establishment of the notary office.

3. Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall consider and grant an operation registration certificate to the notary office and grant notary’s cards to notaries of the notary office. In case of refusal, it shall issue a notice, stating the reason.

Article 21. Dossier and procedures for changing operation registration contents of notary offices or re-granting operation registration certificates of notary offices

1. A dossier for change of operation registration contents of a notary office must comprise:

a/ An application for change of operation registration contents, made according to the form issued by the Minister of Justice;

b/ Papers proving the proposed changes; in case a general partner is to be added to the notary office, the dossier must comprise the papers proving his/her full contribution of the capital amount as agreed, and two 2cm x 3cm photos of him/her.

The papers specified at Point b of this Clause must be originals, certified copies or electronic copies.

2. A notary office falling into the case specified in Clause 1, Article 26 of the Law on Notarization shall prepare 1 dossier specified in Clause 1 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice where the notary office’s operation is registered.

Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall re-grant an operation registration certificate or record the changes in the operation registration certificate of the notary office and, at the same time, grant a notary’s card to the added notary, revoke the notary’s card from the notary no longer performing notarial practice at the notary office or re-grant a notary’s card in case the notary office is renamed. In case of refusal, it shall issue a notice, stating the reason.

3. A dossier for re-grant of an operation registration certificate of a notary office must comprise:

a/ An application for re-grant of an operation registration certificate of a notary office, stating the reason;

b/ The original of the operation registration certificate of the notary office, in case the certificate is damaged.

4. A notary office whose operation registration certificate is lost or damaged as mentioned in Clause 3, Article 26 of the Law on Notarization shall prepare 1 dossier specified in Clause 3 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice where the notary office’s operation is registered.

Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall re-grant the operation registration certificate to the notary office. In case of refusal, it shall issue a notice, stating the reason.

Article 22. Provision of information on operation registration contents, changes in operation registration contents, or suspension of operation of notary offices; publishing of information on operation registration contents of notary offices

1. Within 5 working days after granting or re-granting the operation registration certificate of a notary office, or issuing the decision on suspension of operation or decision on termination of suspension of operation of a notary office, the provincial-level Department of Justice shall issue a notice thereof to the provincial-level business registration agency, tax office, statistics office and public security agency, and the commune-level People’s Committee of the locality where the notary office is located.

The provincial-level Department of Justice shall update the information mentioned in this Clause to the Ministry of Justice’s notary activity management software and, at the same time, publish it on the portal of the provincial-level Department of Justice on the date the procedures mentioned in this Clause are carried out.

2. Within 5 working days after being granted or re-granted the operation registration certificate, the notary office shall publish on 3 consecutive issues of a central newspaper or the newspaper of the locality where its operation is registered the following contents:

a/ Name and address of the notary office;

b/ Full name and appointment decision code of each notary performing notarial practice at the notary office;

c/ Code, and date of grant or re-grant, of the operation registration certificate, place of registration of operation, and date of commencement of operation of the notary office.

Article 23. Dossier and procedures for consolidation of notary offices as partnerships

1. A dossier for consolidation of notary offices as partnerships must comprise:

a/ An agreement on consolidation of notary offices, which must have the following principal contents: names and addresses of the consolidated notary offices; name and address of the consolidating notary office; list of general partners and notaries working under labor contracts at the consolidated notary offices; time limit for the consolidation; number and classification of notarial records of the consolidated notary offices; plan on transfer of assets from the consolidated notary offices to the consolidating notary office; plan on employment of employees of the consolidating notary office; the takeover of all rights and obligations of the consolidated notary offices, and other relevant contents.

Each consolidated notary office shall appoint one general partner to act as its representative for signing the consolidation agreement;

b/ Tax declaration forms and audited financial statements of the consolidated notary offices for the last 3 years.

The papers specified at Point b of this Clause must be originals, certified copies or electronic copies.

2. The notary office applying for consolidation under Clause 1, Article 29 of the Law on Notarization shall prepare 1 dossier specified in Clause 1 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice where the notary office’s operation is registered.

Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall send a request for consolidation of notary offices to the provincial-level People’s Committee for consideration and decision. In case of refusal, it shall issue a notice, stating the reason.

Within 10 working days after receiving the provincial-level Department of Justice’s request together with a valid dossier, the provincial-level People’s Committee shall consider and decide whether to approve or disapprove the consolidation of notary offices. In case of disapproval, it shall issue a notice, stating the reason.

3. A dossier for registration of operation of the consolidating notary office must comprise:

a/ An application for registration of operation of the consolidating notary office, made according to the form issued by the Minister of Justice;

b/ Papers proving the satisfaction of the conditions on the head office of the consolidating notary office as specified in Article 18 of this Decree;

c/ Notary’s cards of all notaries of the consolidating notary office.

The papers specified at Point b of this Clause must be originals, certified copies or electronic copies.

4. Based on the provincial-level People’s Committee’s decision on approval of the consolidation of notary offices, the consolidating notary office shall prepare 1 dossier specified in Clause 3 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice of the locality where the consolidating notary office is located.

Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the consolidating notary office, revoke the operation registration certificates of the consolidated notary offices and, at the same time, grant notary’s cards to the notaries of the consolidating notary office. In case of refusal, it shall issue a notice, stating the reason.

The consolidated notary offices may continue their operation but may not receive new notarization requests until the consolidating notary office is granted the operation registration certificate. The consolidating notary office shall take over all rights, obligations and pending notarization requests from the consolidated notary offices, and store all notarial records of the consolidated notary offices.

5. The provision of information on and publishing operation registration contents of consolidating notary offices must comply with Article 22 of this Decree.

Article 24. Dossier and procedures for merger of notary offices as partnerships

1. A dossier for merger of notary offices as partnerships must comprise:

a/ An agreement on merger of notary offices, which must have the following principal contents: names and addresses of the merged notary offices; name and address of the merging notary office; list of general partners and notaries working under labor contracts at the merged notary offices; number and classification of notarial records of the merged notary offices; time limit for the merger; plan on employment of employees of the merging notary office; plan on transfer of assets from the merged notary offices to the merging notary office; takeover of all rights, obligations and lawful interests of the merged notary offices; and other relevant contents.

Each merged notary office and the merging notary office shall appoint one general partner to act as its representative for signing the merger agreement.

b/ Tax declaration forms and audited financial statements of the merged notary offices for the past 3 years.

The papers specified at Point b of this Clause must be originals, certified copies or electronic copies.

2. A notary office applying for merger under Clause 1, Article 29 of the Law on Notarization shall prepare 1 dossier specified in Clause 1 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice where the notary office’s operation is registered.

Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall submit a request to the provincial-level People’s Committee for the latter to consider and decide whether to approve or disapprove the merger of the notary offices. In case of disapproval, it shall issue a notice, stating the reason.

Within 10 working days after receiving the provincial-level Department of Justice’s request together with a valid dossier, the provincial-level People’s Committee shall consider and decide whether to approve or disapprove the merger of notary offices. In case of disapproval, it shall issue a notice, stating the reason.

3. A dossier for change of operation registration contents of the merging notary office must comprise:

a/ An application for change of operation registration contents of the merging notary office, made according to the form issued by the Minister of Justice;

b/ Papers proving the satisfaction of the conditions on the head office of the merging notary office as specified in Article 18 of this Decree;

c/ Notary’s cards of the notaries of the merged notary offices.

The papers specified at Point b of this Clause must be originals, certified copies or electronic copies.

4. Based on the provincial-level People’s Committee’s decision on approval of the merger of notary offices, the merging notary office shall prepare 1 dossier specified in Clause 3 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice where the notary office’s operation is registered.

Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall re-grant, or record changes in, the operation registration certificate of the merging notary office, revoke the operation registration certificates of the merged notary offices and, at the same time, grant notary’s cards to the new notaries of the merging notary office. In case of refusal, it shall issue a notice, stating the reason.

5. The merged notary offices may continue their operation but may not receive new notarization requests until the merging notary office has the changes in operation registration contents approved. The merging notary office shall take over all rights, obligations and pending notarization requests from the merged notary offices and store all notarial records of the merged notary offices.

6. The provision of information on and publishing operation registration contents of merging notary offices must comply with Article 22 of this Decree.

Article 25. Transfer of all capital contributions of all general partners of notary offices

1. A dossier for transfer of all capital contributions of all general partners of a notary office as mentioned in Article 30 of the Law on Notarization must comprise:

a/ An agreement on transfer of capital contributions (below referred to as transfer agreement), which must have the following principal contents: name and address of the notary office where the general partners as transferors currently perform notarial practice (below referred to as the notary office as transferor); names and appointment decision codes of general partners as transferors and general partners as transferees; transfer price and payment method; handover of the notary office as transferor; number and classification of notarial records and existing assets of the notary office as transferor; rights and obligations of the parties to the agreement, including the provisions on takeover of all rights and obligations and receipt of pending notarization requests and dossiers of the notary office as transferor.

The transfer agreement must bear signatures of all notaries as transferors and notaries as transferees;

b/ Tax declaration forms and audited financial statements of the notary office as transferor for the last 3 years;

c/ Appointment decisions of the notaries as transferees; papers proving that the notaries as transferees fully satisfy the conditions specified in Clause 2, Article 30 of the Law on Notarization.

The papers specified at Points b and c of this Clause must be originals, certified copies or electronic copies.

2. The dossier specified in Clause 1 of this Article shall be made in 1 set and hand-delivered or sent by post or online to the provincial-level Department of Justice where the notary office’s operation is registered.

Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall submit a request to the provincial-level People’s Committee for the latter to consider and decide whether to approve or disapprove the transfer of capital contributions. In case of disapproval, it shall issue a notice, stating the reason.

Within 10 working days after receiving the provincial-level Department of Justice’s request together with a valid dossier, the provincial-level People’s Committee shall consider and decide whether to approve or disapprove the transfer of all capital contributions of all general partners of the notary office. In case of disapproval, it shall issue a notice, stating the reason.

3. A dossier for change of operation registration contents of the notary office as transferee must comprise:

a/ An application for change of operation registration contents of the notary office as transferee, made according to the form issued by the Minister of Justice;

b/ Papers proving the satisfaction of the conditions on the head office of the notary office as transferee as specified in Article 18 of this Decree;

The papers specified at Point b of this Clause must be originals, certified copies or electronic copies.

4. The notaries as transferees shall prepare 1 dossier specified in Clause 3 of this Article and hand-deliver it or send it by post or online to the provincial-level Department of Justice where the notary office’s operation is registered.

Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall re-grant the operation registration certificate to the notary office as transferee, revoke the operation registration certificate of the notary office as transferor and, at the same time, grant notary’s cards to the notaries of the notary office as transferee. In case of refusal, it shall issue a notice, stating the reason.

5. The notary office as transferor may continue its operation but may not receive new notarization requests until the notary office as transferee is re-granted the operation registration certificate.

6. The provision of information on and publishing changes in operation registration contents of notary offices as transferees must comply with Article 22 of this Decree.

Article 26. Sale of notary offices as sole proprietorships

1. A dossier for sale of a notary office as a sole proprietorship as specified in Article 31 of the Law on Notarization must comprise:

a/ The contract on sale of the notary office, which must include the following main contents: name and address of the notary office; names and codes of appointment decisions of the head of the notary office and notaries working under labor contracts at the notary office (if any); name and appointment decision code of the notary who purchases the notary office; selling price, payment method; handover of the notary office; quantity and classification of notarial dossiers and existing assets of the notary office; rights and obligations of the contracting parties, with clear statements about the takeover of all rights and obligations, receipt of notarization requests currently being performed and records of the notary office.

b/ Tax declaration forms and audited financial statements for the last 3 years of the notary office to be sold;

c/ The appointment decision of the notary who purchases the notary office; documents proving that the notary who purchases the notary office fully meets the conditions specified in Clause 2, Article 31 of the Law on Notarization.

The documents specified at Points b and c of this Clause must be originals or certified copies or electronic copies.

2. The dossier specified in Clause 1 of this Article shall be made into 1 set, hand-delivered or sent by post or submitted online to the provincial-level Department of Justice of the locality where the notary office’s operation has been registered.

Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall submit a proposal to the provincial-level People’s Committee for consideration and decision; in case of refusal, it shall issue a notice, stating the reason.

Within 10 working days after receiving the proposal, enclosed with a valid dossier, from the provincial-level Department of Justice, the provincial-level People’s Committee shall consider and decide whether to permit the sale of the notary office; in case of refusal, it shall issue a notice, stating the reason.

3. A dossier of request for change of operation registration contents of a notary office to be sold must comprise:

a/ An application for change of the notary office’s operation registration contents, made according to the form issued by the Minister of Justice;

b/ Documents proving the applicant’s satisfaction of the conditions on the head office of a notary office as specified in Article 18 of this Decree.

The documents specified at Point b of this Clause must be originals or certified copies or electronic copies.

4. The notary who purchases the notary office shall prepare 1 dossier as specified in Clause 3 of this Article, hand-deliver it or send it by post or submit it online to the provincial-level Department of Justice of the locality where the notary office’s operation has been registered.

Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall re-grant the operation registration certificate to the notary office, revoke the old operation registration certificate of the notary office and, at the same time, grant a notary’s card to the notary who purchases the notary office; in case of refusal, it shall issue a notice, stating the reason.

5. The sold notary office may continue to operate but may not receive new notarization requests until it is re-granted the operation registration certificate.

6. The provision of information and publishing of the sold notary office’s operation registration contents must comply with Article 22 of this Decree.

Article 27. Termination of operation of notary offices

1. A notary office that terminates its operation under Point a, Clause 1, Article 34 of the Law on Notarization shall publish information on the expected date of operation termination on 3 consecutive issues of a central newspaper or a newspaper of the locality where its operation has been registered; and may not receive new notarization requests from the time it reports the expected date of operation termination to the provincial-level Department of Justice.

Within 5 working days after the operation registration certificate of the notary office is revoked, the provincial-level Department of Justice shall notify in writing the agencies specified in Article 22 of this Decree of the termination of the notary office’s operation and, at the same time, publish the information on the termination of the notary office’s operation on 3 consecutive issues of a central newspaper or a newspaper of the locality where the notary office’s operation  has been registered.

2. In case the notary office terminates operation under Point b, Clause 1, Article 34 of the Law on Notarization, the provincial-level Department of Justice shall notify the notary office in writing of the cessation of the receipt of new notarization requests from the time the provincial-level Department of Justice submits a request to the provincial-level People’s Committee for the latter to revoke the decision permitting the establishment of the notary office. Within 5 working days after receiving the request from the provincial-level Department of Justice, the provincial-level People’s Committee shall decide to revoke the decision permitting the establishment of the notary office; in case of refusal, it shall issue a notice, stating the reason.

Chapter IV

NOTARIAL PRACTICE

Section 1

PROFESSIONAL LIABILITY INSURANCE FOR NOTARIES

Article 28. Scope of insurance and cases of insurance liability exclusion

1. An insurance enterprise shall indemnify a notarial practice organization the money amount the notarial practice organization is responsible to pay as compensation to a notarization requester or another individual or organization (below referred to as the damage sufferer) due to a fault committed by a notary of the notarial practice organization during the notarization process, except the cases specified in Clause 2 of this Article.

2. The insurance enterprise shall not be held responsible for insurance compensation in the following cases:

a/ The damage is caused due to an intentional fault of the notary during the notarization process; or due to the notary violating the prohibitions specified in the Law on Notarization;

b/ The damage is caused by the notary while performing the notarization during the period the notary is suspended from notarial practice or the notarial practice organization suspends its operation;

c/ Other cases as agreed upon between the notarial practice organization and the insurance enterprise (if any).

Article 29. Insurance period

1. The minimum insurance period is 5 years, counted from the effective date of the insurance contract.

2. Notarial practice organizations and insurance enterprises may agree on the insurance period, which, however, must not be shorter than the minimum insurance period specified in Clause 1 of this Article.

Article 30. Insurance premiums and responsibility for purchasing insurance

1. Notarial practice organizations and insurance enterprises may agree on the insurance premium, which, however, must not be lower than VND 3 million per year per notary.

The reassessment of the risk level to adjust insurance premiums during the insurance period shall only be carried out if notarial practice organizations and insurance enterprises have reached an agreement thereon and clearly state it in insurance contracts.

2. Notarial practice organizations shall purchase professional liability insurance for a notary within 60 days after the notary is granted a notary’s card.

3. Money amounts for purchase of professional liability insurance for notaries of a state-run notary office shall be deducted from the notary office’s Fund for Development of Non-Business Operations; in case the Fund for Development of Non-Business Operations is not enough to pay or the notary office has its recurrent expenditures covered by the State, the money amounts for purchase of professional liability insurance for notaries shall be included in the notary office’s recurrent expenditures.

Money amounts for purchase of professional liability insurance for notaries of a notary office shall be included in the notary office’s operating expenses.

Article 31. Minimum sum insured

1. The minimum sum insured is VND 400 million and shall be clearly stated in insurance contracts.

2. The minimum deductible amount is VND 2 million for one insurance claim and shall be clearly stated in insurance contracts.

3. Insurance enterprises and insurance buyers may agree on the sum insured or deductible amount, which, however, must not be lower than the level specified in Clause 1 or 2 of this Article.

Article 32. Principles of insurance compensation

1. Within the scope of insurance liability, insurance enterprises shall compensate notarial practice organizations the amounts the notarial practice organizations have compensated or will have to compensate the damage sufferers.

2. In case there is an agreement on advanced payment of compensation, the advanced payment of compensation shall be made according to that agreement.

3. In case an insurance claim occurs when the concerned notary is no longer practicing at the notarial practice organization responsible for compensating for the damage, the insurance enterprise shall still be responsible for compensating for the damage if the notary and the notarial practice organization fully meet the following conditions:

a/ The notary is practicing at another notarial practice organization and has professional liability insurance purchased by this organization;

b/ The notarial practice organization responsible for compensating for the damage currently participates in insurance at an insurance enterprise.

In this case, the insurance enterprise that is a party to the insurance contract with the notarial practice organization where the notary is practicing shall pay compensation.

Article 33. Responsibilities of notarial practice organizations and insurance enterprises

1. Upon request or under decision by a competent agency regarding compensation for damage, a notarial practice organization shall:

a/ Immediately notify thereof to the insurance enterprise;

b/ Proactively collect and provide the insurance enterprise with documents in the insurance claim dossier as specified in Article 35 of this Decree;

c/ Create favorable conditions for the insurance enterprise in the process of verifying the provided documents.

2. Upon receiving a notarial practice organization’s notice of an insurance claim, an insurance enterprise shall guide the notarial practice organization in preparing documents and carrying out procedures for insurance compensation claim; and closely coordinate with the notarial practice organization and related parties to identify the cause and extent of damage for use as a basis for settling the insurance compensation claim.

Article 34. Insurance contracts

1. The insurance contract between a notarial practice organization and an insurance enterprise shall take effect from the time it is signed, stamped by the parties and the notarial practice organization pays the insurance premium, unless otherwise agreed upon by the parties.

2. The insurance contract must clearly define the scope of insurance, insurance period, insurance premium, sum insured, rights and obligations of the parties, and other agreements (if any).

3. The insurance contract shall be invalidated from the time the notarial practice organization obtains a dissolution decision, has its operation registration certificate revoked or in other cases as agreed upon between the notarial practice organization and the insurance enterprise.

The insurance enterprise shall refund the insurance premium amount the notarial practice organization has paid corresponding to the remaining validity period of the insurance contract, unless otherwise agreed upon by the parties.

Article 35. Insurance claim dossier

1. An insurance claim dossier must comprise:

a/ An insurance claim form;

b/ The insurance contract;

c/ Documents proving the damage;

d/ The court ruling (if any).

2. The documents proving the damage specified at Point c, Clause 1 of this Article include:

a/ Valid invoices and documents or evidence proving the damage;

b/ Minutes of conciliation between the notarial practice organization and the damage sufferer (if any);

c/ Other relevant papers and documents (if any).

Section 2

SOCIO-PROFESSIONAL ORGANIZATIONS OF NOTARIES

Article 36. Notary Associations

1. The Notary Association of a province or centrally run city is a provincial-level socio-professional organization of notaries practicing in the locality as specified in Clause 1, Article 41 of the Law on Notarization.

Notary Associations are organized and operate in adherence to the principles of self-management, publicity, transparency, not-for-profit, and self-coverage of operating expenses in accordance with the Law on Notarization, this Decree and the Charter of the Vietnam Notary Association.

Notary Associations have the legal person status, and their own seals and accounts.

2. The organization and operation of Notary Associations shall be subject to the state management by provincial-level People’s Committees and the guidance of the Vietnam Notary Association. Notary Associations may not issue resolutions, decisions, internal regulations, regulations on fees and collections and other regulations contrary to the provisions of law and the Charter of the Vietnam Notary Association.

Provincial-level Departments of Justice shall assume the prime responsibility for, and coordinate with provincial-level Departments of Home Affairs in, assisting provincial-level People’s Committees in performing the state management of the organization and operation of the Notary Associations in their localities.

3. Members of a Notary Association are notaries practicing in the concerned locality. Notaries shall join the Notary Association before practicing at a notarial practice organization in that locality.

The rights and obligations of members of Notary Associations must be stated in the Charter of the Vietnam Notary Association.

Article 37. Bodies of a Notary Association

1. The General Meeting of Notaries is the highest governing body of a Notary Association.

2. The Executive Board of the Notary Association is the executive body of the General Meeting of Notaries and shall be elected by the General Meeting of Notaries.

3. The Council for Commendation and Disciplining of the Notary Association shall be elected by the General Meeting of Notaries according to the term of office of the Executive Board of the Notary Association.

4. Other bodies as stated in the Charter of the Vietnam Notary Association.

Article 38. Tasks and powers of a Notary Association

1. To represent and protect the lawful rights and interests of its members in professional practice according to the Charter of the Vietnam Notary Association and law.

2. To admit and expel members; to commend and discipline its members; to resolve complaints and denunciations in accordance with the Charter of the Vietnam Notary Association.

3. To supervise its members’ observance of legal provisions on notarization, the Code of Ethics for Notarial Practice and the Charter of the Vietnam Notary Association.

4. To organize annual professional training on notarization for its members in an appropriate manner.

5. To implement resolutions, decisions and regulations of the Vietnam Notary Association and competent state management agencies.

6. To abide by the inspection and examination by competent agencies and inspection and supervision by the Vietnam Notary Association.

7. To participate in domestic and international cooperation activities in notarization in accordance with law.

8. Other tasks and powers as specified in this Decree, relevant laws and the Charter of the Vietnam Notary Association.

Article 39. Vietnam Notary Association

1. The Vietnam Notary Association is the national socio-professional organization of Vietnamese notaries as defined in Clause 1, Article 41 of the Law on Notarization.

The Vietnam Notary Association shall be organized and operate in adherence to the principles of self-management, publicity, transparency, non-for-profit, and self-coverage of operating expenses in accordance with the Law on Notarization and this Decree.

The Vietnam Notary Association has the legal person status, and its own seal and account.

2. The operation of the Vietnam Notary Association shall be subject to the state management by the Ministry of Justice, the Ministry of Home Affairs and competent state management agencies as prescribed by law.

3. Members of the Vietnam Notary Association include Notary Associations and notaries.

The rights and obligations of members of the Vietnam Notary Association shall be specified in the Charter of the Vietnam Notary Association in accordance with the Law on Notarization, this Decree and relevant laws.

Article 40. Bodies of the Vietnam Notary Association

1. The National Congress of Notaries is the highest governing body of the Vietnam Notary Association.

2. The National Council of Notaries is the governing body of the Vietnam Notary Association in the interval between two National Congresses of Notaries.

3. The Standing Body of the Vietnam Notary Association is the executive body of the Vietnam Notary Association in the interval between two meetings of the National Council of Notaries.

4. Other bodies shall be specified in the Charter of the Vietnam Notary Association.

5. The specific tasks and powers of the bodies specified in Clauses 1, 2, 3 and 4 of this Article shall be specified in the Charter of the Vietnam Notary Association.

Article 41. Tasks and powers of the Vietnam Notary Association

1. To represent and protect the lawful rights and interests of its members in accordance with its Charter and law.

2. To admit and expel members; to commend and discipline members; to resolve complaints and denunciations in accordance with its Charter.

3. To issue the Code of Ethics for Notarial Practice; to supervise members’ observance of the Code of Ethics for Notarial Practice and legal provisions on notarization.

4. To provide professional instructions to its members; to provide annual professional training in notarization for its members in accordance with law.

5. To coordinate with the Ministry of Justice in organizing training and internship in notarial practice in accordance with law; to participate in law formulation, dissemination, popularization and education.

6. To establish a Compensation Fund on the principle of voluntary participation to support the compensation for damage caused by the fault of its members who are notaries in the process of notarial practice in case the professional liability insurance of its members is not sufficient to pay compensation; to use and manage the Compensation Fund in accordance with law.

7. To carry out international cooperation activities on notarization in accordance with law.

8. To inspect and supervise the implementation of its Charter; to suspend the implementation and request modification or annulment of resolutions, decisions and regulations of Notary Associations that are contrary to its Charter; to propose competent state agencies to suspend the implementation and request modification or annulment of resolutions, decisions and regulations of Notary Associations that are contrary to law.

9. To report to the Ministry of Justice on schemes on organization of term-based congresses or extraordinary congresses, personnel plans and results of congresses; to make annual reports and other reports at the request of the Ministry of Justice.

10. Other tasks ad powers as specified by law and its Charter.

Article 42. Charter of the Vietnam Notary Association

1. Pursuant to the Law on Notarization and this Decree, the National Congress of Notaries shall adopt the Charter of the Vietnam Notary Association.

The Charter of the Vietnam Notary Association shall be uniformly applied to the Vietnam Notary Association and Notary Associations.

2. The Charter of the Vietnam Notary Association must include the following main contents:

a/ Principles, purposes and logo of the Vietnam Notary Association;

b/ Rights and obligations of members of the Vietnam Notary Association;

c/ Relationship between the Vietnam Notary Association and Notary Associations;

d/ Procedures for joining, withdrawing from the list of members of Notary Associations, and expelling members;

dd/ Term of office, organizational structure, election, relief from duty, removal from office, tasks and powers of bodies of the Vietnam Notary Association and Notary Associations;

e/ Coordination among Notary Associations in performing the tasks and exercising the powers under regulations;

g/ Structure, duties and powers of the National Congress of Notaries, the General Meeting of Notaries of a Notary Association; order and procedures for holding the Congress of the Vietnam Notary Association and Notary Associations;

h/ Issuance of internal regulations of Notary Associations;

i/ Finances of the Vietnam Notary Association and Notary Associations;

k/ Commendation and disciplining of members and settlement of complaints and denunciations;

l/ Reporting obligations of the Vietnam Notary Association and Notary Associations;

m/ Relations with other agencies and organizations.

3. Within 10 working days after the Charter is approved by the National Congress of Notaries, the National Council of Notaries shall make 1 dossier of request for approval of the Charter, and hand-deliver it, send it by post or submit it online to the Ministry of Justice.

The dossier must comprise:

a/ A request submitted to the Minister of Justice for approval of the Charter, stating the basic contents of the draft Charter;

b/ The draft Charter;

c/ The Resolution of the National Congress of Notaries on the approval of the Charter.

Within 30 days after receiving a complete and valid dossier, the Minister of Justice shall issue a decision approving the Charter after reaching agreement with the Minister of Home Affairs; in case of refusal, he/she shall issue a reply, stating the reason. The time limit specified in this Clause does not include the time for reaching agreement with the Minister of Home Affairs on the draft Charter.

4. The Charter of the Vietnam Notary Association shall be disapproved in the following cases:

a/ It has contents that are contrary to the Constitution and law;

b/ The process and procedures for approving the Charter do not ensure the validity, democracy, publicity and transparency as required by law.

5. In case the Charter of the Vietnam Notary Association is disapproved, the National Council of Notaries shall modify the contents of the Charter or reorganize the Congress to approve the Charter in accordance with law.

Within 10 working days after the modified and supplemented Charter is approved, the National Council of Notaries shall send the modified and supplemented Charter to the Ministry of Justice for consideration and approval. The approval of the modified and supplemented Charter must comply with this Article.

6. The Charter of the Vietnam Notary Association takes effect from the date of approval.

Chapter V

NOTARIZATION PROCEDURES, NOTARIZATION DATABASE, STORAGE OF NOTARIAL DOSSIERS

Section 1

COMMON PROCEDURES AND PROCEDURES FOR NOTARIZATION OF SOME SPECIFIC TRANSACTIONS

Article 43. Other plausible reasons for notarization to be conducted outside the head office of a notarial practice organization

1. Other plausible reasons for notarization to be conducted outside the head office of a notarial practice organization as specified in Point d, Clause 2, Article 46 of the Law on Notarization include the following cases:

a/ Women who are pregnant or raising children under 12 months old;

b/ Elderly people, people with disabilities or people with mobility difficulties;

c/ Persons performing duties in the people’s public security forces, people’s army, persons undertaking responsibilities or performing assigned tasks at the request of the employing agency, organization or enterprise, whose leaving their position will affect their assigned duties or work, or the responsibilities they are undertaking;

d/ Force majeure events or external obstacles that prevent the notarization requester from coming to the notarial practice organization.

2. The notarization outside the head offices of notarial practice organizations shall be conducted at a location with a specific address and consistent with the reason for requesting notarization outside the head office.

Article 44. Procedures for posting information on receipt of requests for notarization of estate division documents

1. A notice of receipt of a request for notarization of an estate division document shall be posted for 15 days.

2. The notice of receipt of a request for notarization of an estate division document shall be posted at the head office of the commune-level People’s Committee of the locality which is the last place of permanent residence of the estate bequeather; in case it is impossible to determine the last place of permanent residence of the estate bequeather, the notice shall be posted at the head office of the commune-level People’s Committee of the locality which is the last place of fixed-term temporary residence of the estate bequeather.

In case the last place of permanent residence or fixed-term temporary residence of the estate bequeather is not in Vietnam, the notice shall be posted at the head office of the commune-level People’s Committee of the locality which is the last place of permanent residence or fixed-term temporary residence of such person in Vietnam; in case the estate bequeather does not have the last place of permanent residence or fixed-term temporary residence in Vietnam or when it is impossible to determine such place, the notarial practice organization shall send the to-be-posted notice to the provincial-level Department of Justice of the locality where the notarial practice organization is headquartered to request the latter to post it on the portal of the provincial-level Department of Justice. Within 3 working days after receiving the request from the notarial public organization, the provincial-level Department of Justice shall post the notice in accordance with this Clause.

3. In case the estate includes both immovable assets and movable assets, or only immovable assets, the notice shall be posted under Clause 2 of this Article at the head office of the commune-level People’s Committee of the locality where the immovable assets are located.

4. In case the head office of the notarial practice organization and the last place of permanent residence or fixed-term temporary residence of the estate bequeather are not in the same province or centrally run city, the notarial practice organization may send a request to the commune-level People’s Committee of the locality which is the last place of permanent residence or fixed-term temporary residence of the estate bequeather for the latter to conduct the posting.

5. The to-be-posed notice must state full names of the estate bequeather and the heir(s); inheritance relationship between the heir(s) and the estate bequeather; list of inherited assets; complaints or denunciations about omission or concealment of heirs, if any; in case the estate is not under the ownership or use rights of the estate bequeather, the complaints or denunciations shall be sent to the notarial practice organization that has received the request for notarization of the estate division document and notified to the commune-level People’s Committee where the notice is posted.

6. The commune-level People’s Committee where the notice is posted shall preserve the posted notice during the posting period and may not request other papers or documents upon receiving the request for posting; and shall make a confirmation of the time of posting and received feedback and send it to the notarial practice organization that requested the posting within 3 working days from the last day of posting. In case the notice is posted under Clause 2 of this Article, the provincial-level Department of Justice shall notify the notarial practice organization of received feedback within 3 working days from the last day of the 15-day posting period.

In case the notarial practice organization receives a complaint or denunciation after receiving a confirmation from the commune-level People’s Committee regarding the time of posting and received feedback, the notary shall, before the time of notarization of the estate division document, suspend the notarization to process the information under regulations.

Article 45. Announcement of testaments kept at notarial practice organizations

1. Upon receiving a request to announce a testament, the notarial practice organization that is keeping the testament shall assign a notary under its management to announce the testament, unless the testator has designated another notary currently practicing at that notarial practice organization to be the person announcing the testament.

2. The person requesting the announcement of the testament must be the heir of the testator, and shall present documents proving the death of the testator, and his/her relationship with the testator; and provide information related to the testament being kept (if any) and bear the costs related to the announcement of the testament.

3. The procedures for announcing a testament through a public meeting are as follows:

a/ If the testament is made in a foreign language, it must be translated into Vietnamese and have the translator’s signature certified before the testament is announced;

b/ The notary shall post the information about the testament within the time limit and according to the procedures specified in Article 44 of this Decree to identify the persons related to the contents of the testament, including the heir(s), the estate administrator, the administrator of the worship estate (if any), and the person(s) with related rights and obligations stated in the testament;

c/ At least 5 working days before the meeting to announce the testament is held, the notary shall notify in writing the time and place of the meeting to the persons related to the contents of the testament;

d/ The meeting shall be held at the head office of the notarial practice organization with the in-person or online presence of the persons identified under Point b of this Clause; in case some persons do not attend the meeting though having been notified thereof, the meeting shall still be held at the time and place as notified;

dd/ The notary shall read the entire content of the testament to the meeting attendees, provide information and answer questions from the meeting attendees regarding the safekeeping of the testament;

e/ The notary shall send a copy of the testament to all persons related to the contents of the testament, including those who have been notified but did not attend the meeting.

The copy of the testament must be certified and bear a stamp of the notarial practice organization showing that it is duplicated from the testament safekeeping dossier. Recipients of copies of the testament have the right to request collation with the original testament;

g/ At the end of the meeting, the notary shall hand over the original testament to the person designated to keep the original as stated in the testament or in the testament safekeeping dossier; in case the testator does not designate anyone to keep the original testament, the meeting attendees shall agree to designate one person to keep the original testament;

h/ A minutes of the meeting shall be made and kept in the testament safekeeping dossier.

4. The procedures for announcing a testament without holding a public meeting are as follows:

a/ The notary shall proceed with tasks specified at Points a and b, Clause 3 of this Article;

b/ The notary shall send a copy of the testament to each of the persons involved in the announcement of the testament. The copy of the testament must be certified and bear the stamp of the notarial practice organization showing that it is duplicated from the testament safekeeping dossier.

Within 5 working days after sending the copy of the testament, if receiving no feedback from the persons related to the contents of the testament, the notary shall hand over the original testament to the person designated in the testament or the person designated in the testament safekeeping receipt; in case the testator does not designate anyone to keep the original testament , the heirs under the testament shall unanimously appoint one person to keep the original testament;

c/ The person receiving a copy of the testament has the right to request the collation of the copy with the original testament or to request for information related to the safekeeping of the testament.

5. The testament announcement dossier must be kept in the testament safekeeping dossier, which must comprise:

a/ Identity papers of the attendees at the public meeting, in case the testament is announced according to Clause 3 of this Article;

b/ Death certificate or other documents as prescribed by law, proving the death of the testator;

c/ Testament safekeeping receipt;

d/ Testament posting dossier specified at Point b, Clause 3 of this Article;

dd/ Other relevant documents.

Article 46. Taking of photos of notaries witnessing the signing of notarized documents

1. The taking of photos of notaries witnessing the signing of notarized documents as specified in Clause 1, Article 50 of the Law on Notarization must comply with this Article, unless otherwise provided by law. The photos must meet the following requirements:

a/ Helping identify the person signing the notarized document and the notary performing the notarization;

b/ Being clear, sharp, resistant to discoloration or fading; not being cropped or edited, or having any details or background added or removed;

c/ Being printed in color or black and white on A4 paper; in case of using specialized photo paper, the minimum size of the photo must be 13cm x 18cm.

2. In case the fingerprinting is performed instead of signing, the taking of photos of the notary witnessing the fingerprinting must also comply with this Article.

3. In case the notarization involves a witness or an interpreter, the taking of photos of the witness or interpreter signing or fingerprinting in the presence of a notary must comply with this Article.

4. In case many people, who participate in a transaction, sign a notarized document at the same time and the same location, it is allowed to take a photo of each person signing the document in the presence of a notary or take a group photo of these persons in the presence of a notary; the photos must meet the requirements specified in this Article.

In case many people, who participate in a transaction, sign a notarized document at different times or locations, photos of such persons in the presence of a notary at the corresponding times or locations; the photos must meet the requirements specified in this Article.

5. Photos constitute a component of the notarial record and may only be stored and used in accordance with the law on storage of notarial records.

6. In case the notarization requester and the notary find it necessary, they can film the process of the parties participating in the transaction signing the notarized document; the image material is a component of the notarial record and may only be stored and used in accordance with the law on storage of notarial records.

7. This Article’s provisions on the taking of photos shall apply to the electronic notarization process prescribed in Section 2 of this Chapter.

Section 2

E-NOTARIZATION

Article 47. Electronically notarized documents

1. Electronically notarized documents are created directly in the electronic environment according to the in-person or online e-notarization process specified in the Law on Notarization, this Decree and the law on e-transactions.

Paper notarized documents that are converted into electronically notarized documents in accordance with the Law on Notarization and the law on e-transactions, bearing the digital signatures of the notaries and notarial practice organizations, are also considered electronically notarized documents.

2. An electronically notarized document must contain a QR code, link, code, or another distinctive sign for reference and verification of its authenticity.

3. The affixture of digital signatures of the parties to transactions, witnesses and interpreters to electronically notarized documents shall be carried out in the presence of notaries, unless the competent persons have registered specimen signatures under Clause 2, Article 50 of the Law on Notarization.

4. The page numbering of electronically notarized documents must comply with Clause 1, Article 51 of the Law on Notarization.

5. The correction of technical errors in an electronically notarized document shall be made in a document containing the correction of the technical errors, bearing the digital signatures of a notary and notarial practice organization. The document correcting technical errors must be attached to the electronically notarized document and appear together with the electronically notarized document when the latter is referred to.

6. The modification, supplementation, termination and cancellation of electronically notarized transactions must comply with Clause 1, Article 53 of the Law on Notarization. A document on the modification, supplementation, termination or cancellation of a transaction must be attached to the electronically notarized document and appear together with the electronically notarized document when the latter is referred to.

Article 48. Scope of transactions entitled to e-notarization

1. In-person e-notarization shall be applicable to all civil transactions.

2. Online e-notarization shall be applicable to civil transactions, except testaments and other civil transactions that are unilateral legal acts.

3. Diplomatic representative missions shall perform e-notarization for the transactions specified in Clause 1, Article 73 of the Law on Notarization.

Article 49. Conditions for provision of e-notarization services

1. The accounts that are used for performing e-notarization (below referred to as e-notarization service accounts) of notaries, notarial practice organizations, diplomatic officers and diplomatic representative missions must be created on the e-notarization platforms meeting the requirements specified in Article 51 of this Decree and relevant regulations.

2. The digital signatures that use time-stamping services for performing e-notarization of notaries, notarial practice organizations, diplomatic officers and diplomatic representative missions must be provided by Vietnam’s trust service providers in accordance with Vietnam’s law.

Notaries and notarial practice organizations shall register the digital signatures that are used for performing e-notarization with the provincial-level Departments of Justice of the localities where the notarial practice organizations register their operation.

3. Notarial practice organizations providing e-notarization services must satisfy the conditions on computers, internet connections and electronic devices, and other necessary conditions.

4. The provision of e-notarization services at diplomatic representative missions must conform with the actual conditions of such diplomatic representative missions.

Article 50. Conditions for use of e-notarization services

1. Parties to e-notarization transactions shall use public digital signatures provided by Vietnam’s public digital signature certification service providers in accordance with Vietnam’s law or foreign digital signatures or digital signature certificates recognized in Vietnam, unless otherwise prescribed by law.

2. Organizations and individuals participating in e-notarization transactions may register accounts to use e-notarization services on e-notarization platforms, or be authenticated for the issuance of digital signature certificates via the VNeID app or other apps at the time of participating in the transactions for synchronization of accounts and issuance of digital signature certificates in accordance with law. Notaries and notarial practice organizations are obliged to guide organizations and individuals in registering accounts to use e-notarization services and complying with relevant laws.

Article 51. E-notarization platforms and notarial data reference portal

1. The e-notarization platform is an information system created in the electronic environment that enables parties to provide, use and perform e-notarization services in accordance with the laws on notarization and e-transactions, which must satisfy the following conditions:

a/ Adopting solutions and technologies using at least level-2 electronic identification accounts of individuals and electronic identification accounts of organizations in accordance with the law on electronic identification and authentication;

b/ Adopting solutions and technologies to authenticate electronic identification accounts meeting level 2 or higher in accordance with the law on electronic identification and authentication, when providing online e-notarization services;

c/ Adopting solutions and technologies to collect, and support the checking and collation of, electronic copies in e-notarization dossiers to ensure that they have complete and accurate contents and match the originals in accordance with law;

d/ Adopting video-call solutions and technologies to enable the interaction between notaries and parties to transactions and support the capture and storage of images of parties to transactions signing notarized documents;

dd/ Connecting to notarial databases of the localities where the notarial practice organizations operate to update information to the notarial databases in real time;

e/ Using digital signature software meeting the law-prescribed requirements on digital signatures and trust services.

2. The notarial data reference portal is an official access point for referencing information on notarized documents and other notarial data in accordance with law.

3. Notarial databases, e-notarization platforms and notarial data reference portals must at least meet level-3 information system security standards in accordance with the law on cyberinformation security.

4. Notarial practice organizations using e-notarization platforms and exploiting notarial databases shall pay charges in accordance with law.

Article 52. In-person e-notarization process

1. A notarization requester and notary shall perform the tasks specified in Clauses 1 and 2, Article 43 of the Law on Notarization.

2. An in-person e-notarization transaction shall be initiated by the notary and must include the notary’s account and accounts of parties to the transaction (if any).

3. The notary shall upload to an e-notarization platform a transaction document that has been compiled in the form of a data message or digitally signed by the person competent to conclude the transaction as prescribed in Clause 2, Article 50 of the Law on Notarization.

4. The notarization requester shall himself/herself read the transaction document on the e-notarization platform once again or request the notary to read it aloud.

5. If agreeing with the whole contents of the draft transaction, the notarization requester shall produce the documents specified in Clause 7, Article 42 of the Law on Notarization for collation by the notary.

The notary shall check the documents produced by the notarization requester, collate the information with the database (if any). If, after the collation, the documents are deemed authentic, the notary shall convert all the documents into data messages and upload them to the e-notarization platform for storage.

6. The notary shall identify and verify the identities of parties to the transaction and witness them affixing their digital signatures to the transaction document.

7. The notary shall check the validity of the digital signatures signed by the parties to the transaction, and digitally sign and affix a time-stamp to the testimony.

8. The notarial practice organization shall record the serial number of the notarized document, digitally sign and affix a time-stamp to the document, and collect notarization charges and other on-demand notarization-related service charges (below referred to as service charges) and other related expenses, and then send the electronically notarized document to the notarization requester via the latter’s registered email address or storage method.

9. The notarial practice organization shall make an entry in the notarial record, and formulate and store the e-notarization dossier.

Article 53. Online e-notarization process

1. A notarization requester and notary shall perform the tasks specified in Clauses 1 and 2, Article 43 of the Law on Notarization.

2. The notary of a notarial practice organization that meets the conditions specified in Article 44 of the Law on Notarization shall initiate an online e-notarization transaction, including the accounts of notaries and parties to the transaction (if any), and set up an online bridge broadcasting system among the notaries at connection points.

3. The notary initiating the transaction shall upload to the e-notarization platform the transaction document that has been compiled in the form of a data message or digitally signed by the person competent to conclude the transaction as specified in Clause 2, Article 50 of the Law on Notarization.

4. The notarization requester shall himself/herself read the transaction document on the e-notarization platform once again or request the notary to read it aloud.

5. If agreeing with the whole contents of the draft transaction, the notarization requester shall produce the documents specified in Clause 7, Article 42 of the Law on Notarization for collation by the notary.

The notary shall check the documents produced by the notarization requester, collate the information with the database (if any). If, after the collation, the documents are deemed authentic, the notary shall convert all the documents into data messages and upload them to the e-notarization platform for the notaries and parties to the transaction at connection points to collate.

6. The notary shall identify and verify the identities of parties to the transaction and witness them affixing their digital signatures to the transaction document.

7. The notaries at connection points shall check the validity of the digital signatures affixed by the parties to the transaction in their presence, and affix their digital signatures to the transaction document. The notary who has initiated the e-notarization transaction shall check the validity of the digital signatures of all parties to the transaction and the notaries at the connection points, and then digitally sign and affix a time-stamp to the testimony.

8. The notarial practice organization where the transaction is initiated shall record the serial number of the notarized document, digitally sign and affix a time-stamp to the document; collect notarization charges, service charges and other related expenses; and send the electronically notarized document to the notarization requester via the latter’s registered email address or storage method.

9. The notarial practice organization shall make an entry in the notarial record, and formulate and store the e-notarization dossier, and share access to the notarized document with the notaries and the notarial practice organizations at other connection points that have participated in certifying the transaction.

Article 54. Responsibilities of notarial practice organizations and notaries performing online e-notarization

1. Notarial practice organizations providing e-notarization services shall compensate for damage caused by the fault of their notaries or employees under Article 40 of the Law on Notarization.

2. The notary who initiates an online e-notarization transaction and notaries at connection points shall agree in writing on their respective scopes jobs; shares of the notarization charges, service charges and other expenses; liability for compensation for damage of each notary; and other related matters (if any).

Section 3

NOTARIAL DATABASES

Article 55. Updating, exploitation and use of notarial databases

1. The collection, exploitation and use of information in notarial databases must comply with the law on protection of personal data, private life, personal secrets and family secrets, the Law on Notarization and other relevant laws.

2. The regulations on management, updating, exploitation, use and sharing of the notarial databases issued of the Ministry of Justice and localities under Clauses 2 and 3, Article 66 of the Law on Notarization must clearly define the responsibilities of related individuals, agencies and organizations in the updating, exploitation, use and sharing of the databases and expenses for exploitation and use.

Article 56. Connection, sharing and provision of information and notarial data

1. The sharing and provision of information in the notarial database of the Ministry of Justice to relevant ministries and sectors, and localities serving the state management and settlement of administrative procedures must comply with the Government’s regulations on the management, connection and sharing of digital data of state agencies, and the laws on data and e-transactions.

2. The Ministry of Justice’s notarial database shall be connected and shared with the national aggregate database, the national population database, and databases on land, housing and taxes, and other related databases. The connection and sharing of the databases must comply with the laws on data and e-transactions.

Article 57. Synchronization of notarial databases of localities with the notarial database of the Ministry of Justice

1. The Ministry of Justice shall provide guidance on data contents and general technical requirements serving the synchronization of notarial databases of localities with the notarial database of the Ministry of Justice.

2. Provincial-level People’s Committees shall direct the building and upgrading of local notarial databases with sufficient basic information in conformity with the technical requirements as guided by the Ministry of Justice.

3. The synchronization of data must cover:

a/ Identification of data required to be synchronized, including: information specified in Clause 2, Article 66 of the Law on Notarization; information on notarized documents and other notarial data in the electronic form as prescribed by law, that can be referenced at the notarial data reference portal;

b/ Determination of the time for synchronization;

c/ Identification of responsibilities for synchronization.

4. The data synchronization process shall be carried out according to the following steps:

a/ Information of notarial records is placed at the stage of completion according to the notarization process in the locality’s notarial database;

b/ The locality’s notarial database automatically synchronizes its data with the notarial database of the Ministry of Justice via a connection technical standard;

c/ The locality’s notarial database receives the returned results.

Section 4

STORAGE OF NOTARIAL RECORDS

Article 58. Storage of notarizial records upon dissolution or termination of operation of notarial practice organizations

1. The agreement or designation of another notarial practice organization to receive notarial records of a notarial practice organization that is dissolved or has it operation terminated must comply with Clause 5, Article 68 of the Law on Notarization.

2. In case the notarial practice organization that is dissolved or has it operation terminated has a large number of notarial records, making it impossible to reach an agreement with, or designate another notarial practice organization to receive them, the provincial-level Department of Justice shall coordinate with the Notary Association in considering and permitting the agreement on or designation of more than one notarial practice organization to receive such notarial records. A detailed list of transferred notarial records must be formulated; and the handover of such notarial records must be recorded in a minutes in the presence of the representatives of the provincial-level Department of Justice and the local Notary Association.

3. The notarial practice organization that is dissolved or has it operation terminated shall pay storage expenses to the receiving notarial practice organization(s) as agreed upon by the parties; if no agreement is reached, the provincial-level Department of Justice shall coordinate with the provincial-level Department of Finance in making consideration and decision thereon.

4. In case the notarial practice organization that is dissolved or has it operation terminated is unable to pay storage expenses, such expenses shall be covered by the local budget. The provincial-level Department of Justice shall assume the prime responsibility for, and coordinate with the provincial-level Department of Finance in, reporting to the provincial-level People’s Committee for consideration and decision on such expenses.

Article 59. Conversion of paper notarial records for electronic storage

1. Notarial practice organizations shall convert paper notarial records into data messages for electronic storage for notarization transactions performed from July 1, 2025, onward. Notarial records made before July 1, 2025, shall be converted and electronically stored according to the operational requirements of the notarial practice organizations managing such dossiers.

2. After after being converted into data messages, the accuracy of notarial records, compared to paper dossiers, must be ensured and certified with digital signatures of notarial practice organizations before storage; the storage duration must comply with Clause 2, Article 68 of the Law on Notarization.

3. For paper notarial records that have been converted into data messages for electronic storage, the storage duration specified in Clause 2, Article 68 of the Law on Notarization shall apply to the primary-source documents or the originals of the paper notarized documents and other dossier components; other paper dossier components that are neither the primary-source documents nor the originals must be stored for at least 5 years.

Article 60. E-notarization dossiers

1. An e-notarization dossier comprises the electronically notarized document and other documents as specified in Clause 1, Article 67 of the Law on Notarization.

2. E-notarization dossiers shall be numbered in chronological order corresponding to the performance of the electronically notarized documents.

3. E-notarization dossiers must be synchronized with the notarial database in real time for long-term storage, inspection, supervision, and sharing with competent agencies, ensuring information security at level 3 or higher.

Article 61. Storage of e-notarization dossiers and verification of electronically notarized documents

1. E-notarization dossiers shall be stored in the form of data messages.

2. The responsibility for storing e-notarization dossiers must comply with Article 68 of the Law on Notarization. In case of online e-notarization, the notarial practice organizations that initiate transactions shall store e-notarization dossiers, correct technical errors, modify, supplement, terminate or cancel the transactions, and provide copies of the notarized documents and notarial records.

3. Notarial practice organizations must ensure that electronically notarized documents can be referenced to at the request of competent state agencies, notaries who performed the notarization, parties to the transactions, or persons with related rights and obligations with the consent of the parties to the transactions.

Chapter VI

STATE MANAGEMENT OF NOTARIZATION

Article 62. Responsibilities of the Ministry of Justice and related ministries, ministerial-level agencies

1. The Ministry of Justice shall take responsibility before the Government for performance of state management of notarization nationwide, and has the following tasks and powers:

a/ To promulgate, or submit to the competent state agencies for promulgation, legal documents on notarization;

b/ To formulate and submit to the Government for promulgation strategies on notarization development;

c/ To review, update and upload transactions subject to notarization or certification on the Ministry of Justice’s Portal;

d/ To organize public communication and dissemination of the law on notarization and strategies on notarization development;

dd/ To appoint, re-appoint, and relieve from duty notaries;

e/ To guide localities in formulating Schemes on management and development of notarial practice organizations; to assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding and managing activities of notaries and notarial practice organizations nationwide;

g/ To approve the Charter of the Vietnam Notary Association after reaching agreement with the Ministry of Home Affairs; to suspend the implementation of and request the amendment of resolutions, decisions, regulations, and Code of ethics for notarial practice issued by the Vietnam Notary Association that are contrary to the Law on Notarization and relevant laws; to perform other state management tasks with regard to the Vietnam Notary Association;

h/ To examine, settle complaints and denunciations, and handle violations concerning notarization within its competence;

i/ To manage and conduct international cooperation in notarization activities;

k/ To provide guidance on standardization of local notarization databases; to provide guidance on technical requirements for the e-notarization platform;

l/ To perform other tasks and exercise other powers as specified in the Law on Notarization, this Decree and relevant laws.

2. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, guiding, examining, and settling complaints and denunciations within its competence regarding the performance of notarization by diplomatic missions; organize professional training in notarization for diplomatic officers assigned to perform notarization; annually report to the Ministry of Justice on performance of notarization by diplomatic missions. Diplomatic officers assigned to perform notarization jobs as specified in Clauses 1 and 3, Article 73 of the Law on Notarization shall carry out notarization procedures in accordance with Chapter V of this Decree.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, providing regulations on the collection, payment, management and use of notarization charges; charges for certification of copies from originals, certification of signatures in documents and papers, certification of translators’ signatures; charges for appraisal of practice standards and conditions in cases of participation in examination of the results of notarial practice probation, and appointment or re-appointment of notaries; charges for issuance and re-issuance of operation registration certificates of notary offices; and fees for issuance and re-issuance of notary’s cards; and guide the implementation of regulations on professional liability insurance for notaries in accordance with the law on insurance business and this Decree.

4. Ministries and ministerial-level agencies shall, within the ambit of their functions, tasks, and powers, coordinate with the Ministry of Justice in performing the state management of notarization.

Article 63. Responsibilities of provincial-level People’s Committees

1. Provincial-level People’s Committees shall perform the state management of notarization in their localities, and have the following tasks and powers:

a/ To organize the implementation, public communication and dissemination of the law on notarization and strategies on notarization development;

b/ To promulgate and implement Schemes on management and development of notarial practice organizations in their localities in accordance with the Law on Notarization and the Government’s strategies on notarization development; to decide on measures to support notary offices established in district-level areas with difficult or extremely difficult socio-economic conditions, in conformity with the actual situation of their localities, and relevant laws;

c/ To decide on the establishment of state-run notary offices in accordance with the Law on Notarization, ensure physical facilities and other working conditions for state-run notary offices; to decide on transformation and dissolution of state-run notary offices in accordance with the Law on Notarization, this Decree and relevant laws;

d/ To decide to permit the establishment, revoke the decision permitting the establishment of notary offices; permit the consolidation, merger, transformation, transfer of capital contributions, and sale of notary offices in accordance with the Law on Notarization, this Decree and relevant laws;

dd/ To promulgate the maximum price levels for on-demand services related to notarization in their localities;

e/ To consider and decide on the transfer of competence to certify transactions to notarial practice organizations in district-level areas where exits at least one notarial practice organization that has been established for 2 years or more and are operating stably and effectively at the time of making decision on the transfer; to arrange the distribution of notarial practice organizations in a reasonable and convenient manner to meet the notarization needs of individuals and organizations in their localities;

g/ To perform the state management of local Notary Associations;

h/ To carry out inspection and examination, settle complaints and denunciations, and handle violations in notarization activities within their competence;

i/ To report to the Ministry of Justice on notarization activities in their localities annually or upon request;

k/ To adjust the list of geographical areas eligible for the establishment of notary offices as sole proprietorships, and to assign the authority to certify transactions to notarial practice organizations in their localities upon occurrence of changes in organization of local administrations as decided by competent authorities;

l/ To invest in the establishment of local notarization databases to meet technical requirements and ensure full, accurate and timely integration and synchronization of data with the Ministry of Justice’s notarization database under regulations;

m/ To perform other tasks and exercise other powers in accordance with the Law on Notarization, this Decree and relevant laws.

2. Provincial-level Departments of Justice shall assist provincial-level People’s Committees in performing the state management of notarization in their localities, and performing tasks and exercising powers as prescribed by the Law on Notarization, this Decree and relevant laws.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 64. To amend and supplement, and apply relevant regulations

1. To amend and supplement Clause 4, Article 5 of the Government’s Decree No. 23/2015/ND-CP of February 16, 2015, on issuance of duplicates from master registers, certification of copies from originals, certification of signatures and certification of contracts and transactions, as follows:

“4. Notaries have the competence and responsibility to certify the affairs specified at Points a, b and c, Clause 1 of this Article, sign for certification and affix seals of state-run notary offices or notary offices (below collectively referred to as notarial practice organizations)”.

2. Criteria of, conditions for and registration of specimen signatures of translation collaborators of notarial practice organizations must comply with Articles 28 and 29 of the Government’s Decree No. 23/2015/ND-CP of February 16, 2015.

3. Procedures for certifying signatures of translation collaborators of notarial practice organizations must comply with Article 31 of the Government’s Decree No. 23/2015/ND-CP of February 16, 2015.

Article 65. Effect

1. This Decree takes effect on July 1, 2025.

2. This Decree replaces the Government’s Decree No. 29/2015/ND-CP of March 15, 2015, detailing and guiding the implementation of a number of articles of the Law on Notarization.

Article 66. Transitional provisions

1. A notary office that was established before the effective date of this Decree but has yet to have its charter shall formulate a charter in accordance with Point c, Clause 1, Article 19 of this Decree. Within 3 months from the effective date of this Decree, the notary office shall hand-deliver, submit by post or online, to the provincial-level Department of Justice of the locality where it is registered for operation, a notice, enclosed with 1 copy of its charter. Within 10 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall issue a notice to the notary office confirming that it has fulfilled the obligation to formulate the charter; in case the notary office’s charter does not contain all the contents as specified at Point c, Clause 1, Article 19 of this Decree, the provincial-level Department of Justice shall request in writing the notary office to modify and supplement the charter and submit it to the provincial-level Department of Justice within 10 working days after receiving the provincial-level Department of Justice’s request.

2. State-run notary offices and notary offices that were established before the effective date of this Decree but have yet to meet the requirements on head office specified in this Decree may still continue to operate; in case state-run notary offices or notary offices change their office address, they must comply with the requirements on head office specified in Articles 8 and 18 of this Decree.

3. After the local administration is reorganized after the two-tier model, the district-level areas specified in Clause 1, Article 17, and Points b and e of Clause 1, Article 63, of this Decree shall be replaced with commune-level areas that meet the criteria and conditions specified in the Law on Notarization and other relevant laws.

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE THANH LONG