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

Decree

Detailing and guiding the implementation of
a number of articles of the Law on Notarization[1]

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

Pursuant to the June 20, 2014 Law on Notarization;

At the proposal of the Minister of Justice,

The Government promulgates the Decree detailing and guiding the implementation of a number of articles of the Law on Notarization.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details and guides the implementation of a number of articles of the Law on Notarization regarding transformation of notary bureaus into notary offices; consolidation, merger and transfer of notary offices; preferential policies for notary offices established in geographical areas with difficult or extremely difficult socio-economic conditions; conditions on working offices of notary offices; posting up of information on acceptance to notarize written agreements on division of estate and written declarations for receipt of estate; professional liability insurance for notaries and socio-professional organizations of notaries.

Article 2.Subject of application

This Decree applies to notaries, notarial practice organizations, socio-professional organizations of notaries, notarization requesters, and related individuals, agencies and organizations.

Chapter II

NOTARIAL PRACTICE ORGANIZATIONS

Section 1

TRANSFORMATION OF NOTARY BUREAUS INTO NOTARY OFFICES

Article 3.Objectives and requirements of transformation of notary bureaus

1. To continue implementing the policy of socialization of notarial activities.

2. To ensure harmony of interests between the State and notaries, public employees and other employees of to-be-transformed notary bureaus.

3. To ensure publicity, transparency, democracy, objectivity, and compliance with the Law on Notarization, this Decree and relevant legal documents and to maintain the operation of to-be-transformed notary bureaus.

4. To implement the transformation according to a roadmap in conformity with the Prime Minister-approved master plan on development of notarial practice organizations.

Article 4.Principles of transformation of notary bureaus

1. The notary office established as a result of transformation of a notary bureau shall take over all rights and obligations as well as receive all notarial records of such notary bureau.

2. Regimes and policies toward notaries, public employees and other employees of to-be-transformed notary bureaus shall be ensured in accordance with the law on public employees and the law on labor after the notary bureaus terminate operation.

3. The notary office established as a result of transformation of a notary bureau shall sign labor contracts with notaries, public employees and employees of such notary bureau, unless these persons do not want to continue working at the notary office. The contents, duration and terms of these contracts must comply with this Decree and other relevant laws.

4. State assets managed and used by to-be-transformed notary bureaus shall be handled in accordance with law so as to avoid loss during the transformation.

Article 5.Cases of transformation of notary bureaus

1. Notary bureaus in district-level geographical areas where sufficient notarial practice organizations have been established as prescribed in the Prime Minister-approved master plan on development of notarial practice organizations and there are more notary offices than notary bureaus.

2. Notary bureaus in district-level geographical areas where established notarial practice organizations remain insufficient as prescribed in the Prime Minister-approved master plan on development of notarial practice organizations and at least 2 notary offices have stably operated for 2 years or more since the date of operation registration.

Article 6.Plans on transformation of notary bureaus

1. For a province or centrally run city where exist 5 or more notary bureaus, the provincial-level Department of Justice shall assume the prime responsibility for, and coordinate with the provincial-level Departments of Finance; Home Affairs; and Labor, War Invalids and Social Affairs in, making a plan on transformation of notary bureaus for submission to the People’s Committee of the province or centrally run city (below referred to provincial-level People’s Committee) for approval.

The provincial-level People’s Committee shall approve the plan on transformation of notary bureaus. When necessary, it shall consult in writing the Ministry of Justice before making decision.

2. A plan on transformation of notary bureaus must have the following major contents:

a/ The necessity for transformation of notary bureaus;

b/ The number of notary bureaus to be transformed under Article 5 of this Decree;

c/ The transformation roadmap;

d/ Responsibilities to implement the plan.

3. Based on the plan on transformation of notary bureaus approved by the provincial-level People’s Committee, the provincial-level Department of Justice shall, together with the provincial-level Departments of Finance; Home Affairs; and Labor, War Invalids and Social Affairs, work out transformation schemes for each notary bureau according to the order and procedures prescribed in Article 7 of this Decree.

Provinces and centrally run cities where exist fewer than 5 notary bureaus each are not required to make transformation plans. They may immediately make transformation schemes for each notary bureau as prescribed in Article 7 of this Decree.

Article 7.Transformation schemes for notary bureaus

1. The provincial-level Department of Justice shall assume the prime responsibility for, and coordinate with the provincial-level Departments of Finance; Home Affairs; and Labor, War Invalids and Social Affairs, and the socio-professional organization of notaries (for localities where such organizations have been established) in, holding a meeting with notaries, public employees and other employees of the to-be-transformed notary bureau in order to assess the organization and operation of the notary bureau; consider aspirations of, and propose regimes and policies toward, notaries, public employees and other employees of the notary bureau; and discuss the plan on handling of asses of the notary bureau and other matters related to the transformation of the notary bureau. Such meeting shall be attended by representatives of political and socio-political organizations at the notary bureau.

The proceedings at the meeting shall be recorded in a minutes.

2. On the basis of results of the meeting with the to-be-transformed notary bureau, the provincial-level Department of Justice shall assume the prime responsibility for, and coordinate with the provincial-level Departments of Finance; Home Affairs; and Labor, War Invalids and Social Affairs in, preparing a transformation scheme for the notary bureau for submission to the provincial-level People’s Committee.

The scheme must have the following major contents:

a/ The necessity for transformation of the notary bureau;

b/ Results of survey and assessment of the organization and operation of the to-be-transformed notary bureau over the last 3 years.

c/ The price of the right to acquire the transformed notary bureau.

The price of the right to acquire the transformed notary bureau shall be determined on the basis of results of assessment of the organization, operation and prestige of the to-be-transformed notary bureau and the quantity of contracts and transactions notarized by the notary bureau over the last 3 years. The price of the right to acquire the transformed notary bureau does not include the value of the notary bureau’s working office, equipment and other state assets currently managed and used by the notary bureau;

d/ The method of transformation as prescribed in Article 8 of this Decree;

dd/ The tentative plan on settlement of regimes and policies toward notaries, public employees and other employees; the plan on handling of assets and settlement of the other matters of the notary bureau after the transformation;

e/ Responsibilities to implement the scheme of the provincial-level Departments of Justice; Home Affairs; and Labor, War Invalids and Social Affairs, and related agencies and organizations.

3. Within 45 days after receiving the transformation scheme for a notary bureau, the provincial-level People’s Committee shall issue a decision approving the scheme. When necessary, it shall consult in writing the Ministry of Justice before making decision.

4. Within 7 working days after the provincial-level People’s Committee issues  the decision approving the transformation scheme, the provincial-level Department of Justice shall notify in writing the transformation scheme to the to-be-transformed notary bureau and the socio-professional organization of notaries (for localities where such organization has been established); in case the provincial-level People’s Committee agrees to hold auction of the right to acquire the transformed notary bureau, the scheme shall also be notified to notarial practice organizations operating in the locality.

Article 8.Methods of transformation of notary bureaus

1. The right to acquire a transformed notary bureau shall be assigned to notaries working at such notary bureau at the price approved by the provincial-level People’s Committee. All notaries of the to-be-transformed notary bureau are entitled to acquire the transformed notary bureau. The head of the notary bureau shall make a list of notaries of the notary bureau who wish to acquire the transformed notary bureau. The notary bureau shall send the list to the provincial-level Department of Justice for reporting to the provincial-level People’s Committee for consideration and decision.

2. The right to acquire a transformed notary bureau shall be put up for auction in case the value of the to-be-transformed notary bureau is great and there are many notaries, who are practicing in the locality and qualified for participation in the auction of the right to acquire the transformed notary bureau as prescribed in Article 9 of this Decree, submitting written requests for participation in the auction. In this case, the provincial-level Department of Justice shall, together with the provincial-level Department of Finance, submit a document proposing the provincial-level People’s Committee to consider and establish a council for auction of the right to acquire the transformed notary bureau.

In case notaries participating in the auction offer equal bids, notaries working at the to-be-transformed notary bureau shall win the auction; in case more than one notary working at the to-be-transformed notary bureau offer the highest bid or more than one notary not working at the to-be-transformed notary bureau offer the highest bid, the auction council shall hold a drawing of lots to choose the auction winner.

Article 9.Conditions on persons participating in auctions of the right to acquire transformed notary bureaus

1. Persons participating in an auction of the right to acquire a transformed notary bureau must be notaries practicing in the province or centrally run city where the to-be-transformed notary bureau is located. The person expected to act as the head of the notary office must have been engaged in notarial practice for at least 2 years.

Notaries who are heads or partners of notaries offices may not participate in auctions of the right to acquire transformed notary bureaus.

2. A dossier of registration for participation in an auction of the right to acquire a transformed notary bureau must involve at least 2 notaries and contain these notaries’ written commitment to receiving and signing labor contracts with  notaries, public employees and other employees of the transformed notary bureau, who will be permitted to continue performing the professional jobs they are doing at the transformed notary bureau.

Article 10.Decisions on transformation of notary bureaus

1. Provincial-level People’s Committee shall issue decisions on transformation of notary bureaus into notary offices at the proposal of provincial-level Departments of Justice.

2. The notary offices established as a result of transformation of a notary bureau shall carry out operation registration procedures in accordance with the Law on Notarization. The transformed notary bureau shall continue operating until the notary office is granted an operation registration certificate.

3. Within 15 days after obtaining an operation registration certificate, the notary office shall sign labor contracts with notaries, public employees and other employees of the transformed notary bureau.

Labor contracts signed between the notary office and notaries and public employees of the transformed notary bureau must be contracts of indefinite term unless otherwise agreed upon by these parties.

Labor contracts signed between the notary office and other employees of the transformed notary bureau must be of the same type with those previously signed between such employees and the transformed notary bureau, unless otherwise agreed upon by these parties.

Article 11.Regimes and policies toward notaries, public employees and other employees of transformed notary bureaus

1. The settlement of regimes and policies toward notaries, public employees and other employees of transformed notary bureaus must comply with regulations applicable to non-business units upon operation termination.

2. Notaries of a transformed notary bureau who wish to practice at the newly established notary office shall terminate their labor contracts signed with the notary bureau and enjoy regimes and policies in accordance with law.

Regimes and policies for notaries and public employees who meet conditions for retirement or work discontinuation must comply with law.

4. Provincial-level Departments of Home Affairs shall assume the prime responsibility for, and coordinate with provincial-level Departments of Justice; Finance; and Labor, War Invalids and Social Affairs in, proposing provincial-level People’s Committees to consider and decide on regimes and policies toward notaries, public employees and other employees of transformed notary bureaus prescribed in Clauses 1, 2 and 3 of this Article.

Article 12.Handling of assets of transformed notary bureaus

1. State assets managed and used by notary bureaus shall be handled in accordance with the law on management and use of state 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 under Clause 1 of this Article.

Section 2

CONSOLIDATION, MERGER AND TRANSFER OF NOTARY OFFICES

Article 13.Consolidation of notary offices

1. Notary offices that consolidate with one another under Clause 1, Article 28 of the Law on Notarization shall submit 1 (one) set of dossier of consolidation to the provincial-level Department of Justice of the locality where they register their operation. A dossier must comprise:

a/ The contract on consolidation of notary offices, containing the following details: name and address of the consolidating notary office; name(s) and address(es) of the consolidated notary office(s); time of consolidation; plan on transfer of assets of the consolidated notary office(s) to the consolidating notary office; employment plan of the consolidating notary office; inheritance of rights, obligations and lawful interests of  the consolidated notary office(s) and other related contents.

Each notary office involved in the consolidation shall appoint a partner to act as its representative to sign the consolidation contract.

b/ Tax declarations and audited financial statements of the consolidated notary office(s) of the last 3 (three) years counting to the date of submitting the dossier of application for consolidation;

c/ The minutes of inventory of notarial records and existing assets of the consolidated notary office(s);

d/ A list of partners of, and notaries working on a contractual basis at, the consolidated notary office(s);

dd/ Decisions permitting the establishment and operation registration certificates of the consolidated notary office(s).

2. Within 20 days after receiving a complete and valid dossier as prescribed at Clause 1 of this Article, the provincial-level Department of Justice shall consult the socio-professional organization of notaries (in case such organization has been set up in the locality) and propose the provincial-level People’s Committee to consider and decide whether or not to permit the consolidation of notary offices.

3. Within 15 days after receiving the provincial-level Department of Justice’s proposal, the provincial-level People’s Committee shall consider and decide to permit the consolidation of notary offices. In case of refusal, it shall issue written reply clearly stating the reason.

4. Within 15 days after receiving the decision permitting the consolidation of notary offices, the consolidating notary office shall carry out operation registration at the provincial-level Department of Justice. A dossier of operation registration must comprise an application for operation registration, the decision permitting the consolidation of notary offices, papers proving the satisfaction of conditions on working office, and practice registration certificates of notaries.

Within 10 working days after receiving a complete operation registration dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the consolidating notary office and, at the same time, delete the names of consolidated notary office(s) from the list of registered notary offices; in case of refusal, it shall issue a written reply clearly stating the reason.

5. Pending the completion of consolidation procedures, the consolidated notary office(s) shall continue operating until the provincial-level Department of Justice grants an operation registration certificate to the consolidating notary office. The consolidating notary office shall take over all rights and obligations of, and notarization requests being settled by, the consolidated notary office(s), and preserve all notarial records of the consolidated notary office(s).

6. The provision and announcement in the mass media of information on contents of operation registration of the consolidating notary office must comply with Articles 25 and 26 of the Law on Notarization.

Article 14.Merger of notary offices

1. Notary offices that merge with one another under Clause 2, Article 28 of the Law on Notarization shall submit 1 (one) set of dossier of merger to the provincial-level Department of Justice of the locality where they have made operation registration. A dossier must comprise:

a/ The contract on merger of notary offices, containing the following major details: names and addresses of the merged notary office(s); name and address of the merging notary office(s); time of merger; plan on transfer of assets of the merged notary office(s) to the merging notary office; employment plan of the merging notary office; inheritance of rights, obligations and lawful interests of the merged notary office(s), and other related contents.

Each of the notary offices involved in the merger shall appoint a partner to act as its representative to sign the merger contract.

b/ Tax declarations and audited financial statements of notary offices involved in the merger of the last 3 (three) years, counting to the date of submitting the dossier of application for merger;

c/ The minutes of inventory of notarial records and existing assets of notary offices involved in the merger;

d/ A list of partners of, and notaries working on a contractual basis at, notary offices involved in the merger;

dd/ Decisions permitting the establishment and operation registration certificates of notary offices involved in the merger.

2. Within 20 days after receiving a complete and valid dossier as prescribed in Clause 1 of this Article, the provincial-level Department of Justice shall consult the socio-professional organization of notaries (in case such organization has been set up in the locality) and propose the provincial-level People’s Committee to consider and decide whether or not to permit the merger of notary offices.

3. Within 15 days after receiving the provincial-level Department of Justice’s proposal, the provincial-level People’s Committee shall consider and decide to permit the merger of notary offices. In case of refusal, it shall issue a written reply clearly stating the reason.

4. Within 15 days after receiving the decision permitting the merger, the merging notary office shall carry out procedures for change of contents of its operation registration under Article 24 of the Law on Notarization. A dossier of application for change of contents of operation registration must comprise an application, the decision permitting the merger of notary offices, papers proving the merging notary office’s satisfaction of conditions on working office and practice registration certificates of notaries practicing at the merged notary office(s).

5. Pending the completion of merger procedures, the merged notary office(s) shall continue operating until the merging notary office is permitted to change the contents of its operation registration. The merging notary office shall take over all rights, obligations of, and notarization requests being settled by, the merged notary office(s), and preserve all notarial records of the merged notary office(s).

6. The provision and announcement in the mass media of information on contents of operation registration of the merging notary office must comply with Articles 25 and 26 of the Law on Notarization.

Article 15.Transfer of notary offices

1. Notaries that wish to transfer their notary office under Article 29 of the Law on Notarization shall submit 1 (one) dossier set to the provincial-level Department of Justice of the locality where the notary office has made operation registration. A dossier must comprise:

a/ The contract on transfer of the notary office, containing the following major details: name, address of working office, and list of partners of the to-be-transferred notary office; name and serial number of the appointment decisions of  notaries acquiring the transferred notary office; transfer price, payment and handover of the transferred notary office; rights and obligations of involved parties, and other related contents.

The contract on transfer of the notary office shall be signed by the partner who acts as the representative of all partners of the transferred notary office and notaries acquiring the notary office, and notarized;

b/ The written commitment to taking over all rights and obligations of, and receiving notarization requests being settled by, and notarial records being preserved at, the to-be-transferred notary office;

c/ A minutes on inventory of notarial records of the transferred notary office;

d/ Copies of notary appointment decisions of notaries acquiring the transferred notary office; papers proving that the notary expected to act as the head of the transferred notary office has been engaged in notarial practice for at least 2 years;

dd/ The decision  permitting the establishment and operation registration certificate of the transferred notary office;

e/  The transferred notary office’s tax declarations and audited financial statements of the last 3 (three) years.

2. Within 20 days after receiving a complete and valid dossier as prescribed in Clause 1 of this Article, the provincial-level Department of Justice shall consult the socio-professional organization of notaries (in case such organization has been set up in the locality) and propose the provincial-level People’s Committee to consider and decide whether or not to permit the transfer of the notary office.

Within 15 days after receiving the provincial-level Department of Justice’s proposal, the provincial-level People’s Committee shall consider and decide to permit the transfer of the notary office. In case of refusal, it shall issue a written reply clearly stating the reason.

3. The notaries acquiring the notary office shall apply for change of contents of the operation registration of the transferred notary office under Article 24 of the Law on Notarization.

A dossier of application for change of contents of operation registration must comprise an application, the decision permitting the transfer of the notary office, papers proving the transferred notary office’s satisfaction of conditions on working office and practice registration certificates of notaries.

4. Pending the completion of transfer procedures, the transferred notary office shall continue operating until the notary office of notaries acquiring the transferred notary office is granted an operation registration certificate.

5. The provision and announcement in the mass media of information on contents of operation registration of the notary office after the transfer must comply with Articles 25 and 26 of the Law on Notarization.

Section 3

PROVISIONS ON PREFERENTIAL POLICIES FOR NOTARY OFFICES ESTABLISHED IN GEOGRAPHICAL AREAS WITH DIFFICULT OR EXTREMELY DIFFICULT SOCIO-ECONOMIC CONDITIONS; CONDITIONS ON WORKING OFFICES OF NOTARY OFFICES; POSTING UP OF INFORMATION ON THE ACCEPTANCE TO NOTARIZE WRITTEN AGREEMENTS ON DIVISION OF ESTATE AND WRITTEN DECLARATIONS FOR RECEIPT OF ESTATE

Article 16.Preferential policies for notary offices established in geographical areas with difficult or extremely difficult socio-economic conditions

1. Notary offices established in geographical areas with difficult or extremely difficult socio-economic conditions are entitled to the following preferential policies:

a/ To enjoy tax incentives as prescribed by the law on enterprise income tax;

b/ To rent working offices at preferential rent rates or free of charge, to receive support in terms of working facilities and equipment in the first 3 (three) years of operation.

2. Provincial-level People’s Committees shall consider and specify the support provided at Point b, Clause 1 of this Article and other support measures for notary offices established in geographical areas with difficult or extremely difficult socio-economic conditions.

Article 17.Conditions on working offices of notary offices

1. The working office of a notary office must have a specific address and sufficient working space for notaries and employees as prescribed by the law on criteria and norms on the use of head offices of non-business units, and places to receive notarization requesters and preserve notarial records.

2. The notary establishing the notary office shall submit papers proving the satisfaction of conditions on working office when carrying out operation registration procedures for the notary office.

3. When registering the operation of notary offices, provincial-level Departments of Justice shall examine notary offices’ satisfaction of conditions on working offices.

Article 18.Posting up of information on the acceptance to notarize written agreements on division of estate and written declarations for receipt of estate

1. Information on the acceptance to notarize a written agreement on division of estate and written declaration for receipt of estate shall be posted up for 15 days by the notarial practice organization at the office of the commune-level People’s Committee of the last place of permanent residence of the estate leaver; in case of impossibility to identify the last place of permanent residence of the estate leaver, such information shall be posted up at his/her last place of temporary residence.

2. To-be-posted up information must cover the full name of the estate leaver; full names of persons involved in the agreement on division of estate or declaration for receipt of estate; relationship between persons involved in the agreement on division of estate or declaration for receipt of estate and the estate leaver; and the list of estate. The posted information must clearly state that any complaints and denunciations about omission or non-reporting of persons entitled to estate; omission of heirs; or the estate leaver’s non-possession of the right to own or use the estate shall be sent to the notarial practice organization posting up the information.

3. The commune-level People’s Committee at which the information is posted up shall certify the posting and protect the posting during the prescribed time limit.

Chapter III

PROFESSIONAL LIABILITY INSURANCE OF NOTARIES AND SOCIO-PROFESSIONAL ORGANIZATIONS OF NOTARIES

Article 19.Principles of participation in insurance

1. Notarial practice organizations shall directly purchase or authorize socio-professional organizations of notaries to purchase professional liability insurance for notaries working at their organizations.

2. Professional liability insurance for notaries shall be purchased within 60 days after notaries are registered for professional practice.

3. Funds for purchase of professional liability insurance for notaries of notary bureaus must come from non-business development funds or other lawful sources in accordance with law.

Article 20.Insurance coverage

1. Insurance must cover material damage caused to signatories of, or other individuals or organizations directly related to, notarized contracts or transactions due to the fault of notaries in the period of insurance.

2. Notarial practice organizations or socio-professional organizations authorized by notarial practice organizations may agree with insurance enterprises to expand the coverage of insurance prescribed in Clause 1 of this Article.

Article 21.Insurance conditions

Insurance enterprises shall pay insurance money and compensation when the following conditions are fully met:

1. The damage is insured under Article 20 of this Decree.

2. Not falling into the following cases:

a/ Notaries notarizing contracts, transactions or translations the purpose and contents of which violate law or are contrary to social ethics; inciting or creating conditions for parties to contracts or transactions to conduct sham transactions or commit other deceitful acts;

b/ Notaries notarizing contracts, transactions or translations which are related to assets or interests of notaries themselves or their relatives being spouses; natural parents, adoptive parents; natural parents, adoptive parents of their spouses; natural children, adopted grand children or children-in-law; grandparents, siblings or siblings-in-law; and natural grandchildren, and adopted grandchildren;

c/ Notaries colluding with notarization requesters or related persons to falsify contents of notarized documents or notarial records;

d/ Other cases as agreed between insurance enterprises and notarial practice organizations or socio-professional organizations of notaries authorized by notarial practice organizations.

Article 22.Insurance premiums

1. Insurance premium means the sum of money paid by a notarial practice organization to an insurance enterprise for purchasing professional liability insurance for its notaries.

2. Insurance enterprises and notarial practice organizations or socio-professional organizations of notaries authorized by notarial practice organizations shall agree on insurance premium rates, which, however, must not be lower than VND 3 million per year per notary.

Chapter IV

SOCIO-PROFESSIONAL ORGANIZATIONS OF NOTARIES

Section 1

PROVINCIAL-LEVEL SOCIO-PROFESSIONAL ORGANIZATIONS OF NOTARIES

Article 23.Notary societies

1. Each province or centrally run city may set up a notary society which is the provincial-level socio-professional organization of notaries practicing in the locality prescribed in Clause 1, Article 39 of the Law on Notarization.

Notary societies shall be organized and operate on the principle of self-management, publicity, transparency, not-for-profit and self-accountability for their operating expenses in accordance with the Law on Notarization, this Decree and the charter of the national socio-professional organization of notaries.

A notary society shall have the legal person status, its own seal and account.

2. In their organization and operation, notary societies shall submit to the state management by provincial-level People’s Committees and the guidance of the national socio-professional organization of notaries. Notary societies may not issue resolutions, decisions, internal rules, regulations on charges or revenues or other regulations contrary to law and the charter of the national socio-professional organization of notaries.

The provincial-level Department of Justice shall assume the prime responsibility for, and coordinate with the provincial-level Department of Home Affairs in, assisting the provincial-level People’s Committee in performing the state management of the organization and operation of notary societies in their locality.

3. Members of a notary society are notaries practicing in the locality. In localities where notary societies have been established, notaries shall join notary societies before registering for notarial practice.

Rights and obligations of members of notary societies shall be provided in the charter of the national socio-professional organization of notaries.

Article 24.Establishment of notary societies

1. Provincial-level Departments of Justice shall assume the prime responsibility for, and coordinate with provincial-level Departments of Home Affair in, guiding notaries in their localities to establish canvassing boards for establishment of notary societies. A canvassing board for the establishment of a notary society must be composed of 3-5 notaries and have the task to prepare a scheme on establishment of the notary society. The scheme must state the necessity for establishing the notary society, the number of notaries practicing in the locality, and plan on organization, personnel and operation of the society.

2. Within 30 days after receiving the scheme on establishment of the notary society, the provincial-level Department of Justice shall assume the prime responsibility for, and coordinate with the provincial-level Department of Home Affair in, appraising the scheme and submitting the dossier of application for establishment of the notary society to the provincial-level People’s Committee.

A dossier of application for establishment of a notary society must comprise the scheme on establishment of the notary society, enclosed with its explanatory report and verification report.

3. Within 15 days after receiving a valid and complete dossier, the provincial-level People’s Committee shall issue a decision permitting the establishment of the notary society. In case of refusal, it shall issue a written reply clearly stating the reason.

Within 6 months after obtaining the decision permitting the establishment of the notary society, the canvassing board shall hold a notaries’ congress. In case of failure to hold a congress within the time limit prescribed in this Clause, the decision the establishment of the notary society shall cease to be valid.

Article 25.Organs of a notary society

1. The All Notaries’ Congress is the highest leading organ of a notary society.

2. The Executive Commmittee of a notary society is the executive body of the All Notaries’ Congress, which shall be elected by the All Notaries’ Congress.

2. The Commendation and Disciplining Council of a notary society shall be elected by the All Notaries’ Congress and operate according to the term of the Executive Committee.

4. Other organs as provided in the charter of the national socio-professional organization of notaries.

Article 26.Duties and powers of a notary society

1. To present and protect lawful rights and interests of its members in professional practice in accordance with the charter of the national socio-professional organization of notaries.

2. To admit and expel members; to perform commendation, reward and disciplining work; to settle complaints and denunciations in accordance with the charter of the national socio-professional organization of notaries.

3. To supervise its members in the observance of the notarization law, rules on notarial practice ethics and the charter of the national socio-professional organization of notaries.

4. Annually, to coordinate with the provincial-level Department of Justice in organizing notarial practice training for its members; to give its opinions on the appointment and relief from duty of notaries, the establishment, consolidation, merger, transfer and termination of operation of notarial practice organizations in accordance with the Law on Notarization, this Decree and relevant legal documents.

5. To implement resolutions, decisions and regulations of the national socio-professional organization of notaries and competent state management agencies.

6. To submit to the examination and inspection of state management agencies, and the examination of the national socio-professional organization of notaries.

7. To enter into cooperation activities in the field of notarization at home and abroad in accordance with law.

8. To perform other duties and other powers in accordance with law and the charter of the national socio-professional organization of notaries.

Section 2

THE NATIONAL SOCIO-PROFESSIONAL ORGANIZATION OF NOTARIES

Article 27.The Vietnam Notary Association

1. The Vietnam Notary Association is the national socio-professional organization of Vietnamese notaries prescribed in Clause 1, Article 39 of the Law on Notarization.

The Vietnam Notary Association shall be organized and operate on the principle of self-management, publicity, transparency, not-for-profit and self-accountability for  operating expenses in accordance with the Law on Notarization and this Decree.

The Vietnam Notary Association shall have the legal person status, its seal and account.

2. In its operation, the Vietnam Notary Association shall submit to the state management by the Ministry of Justice, the Ministry of Home Affairs and competent state management agencies in accordance with law.

3. Members of the Vietnam Notary Association are notary societies of provinces and centrally run cities, and individual notaries.

Rights and obligations of members of the Vietnam Notary Association shall be provided in its charter.

Article 28.Establishment of the Vietnam Notary Association

The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and related ministries and sectors in, preparing, and submitting to the Prime Minister for approval, a scheme on establishment of the Vietnam Notary Association, and in organizing the implementation of the scheme once it is approved by the Prime Minister.

Article 29.Organs of the Vietnam Notary Association

1. The National Notaries’ Congress is the highest leading organ of the Vietnam Notary Association.

2. The National Notary Council is the leading organ of the Vietnam Notary Association in the interval between two sessions of the National Notaries’ Congress.

3. The Standing Board of the Vietnam Notary Association is the organ which shall administer activities of the association in the interval between two sessions of the National Notary Council.

4. Other organs as provided in the charter of the association.

5. Specific duties and powers of the organs specified in Clauses 1, 2, 3 and 4 of this Clause shall be provided in the charter of the association.

Article 3.Duties and powers of the Vietnam Notary Association

1. To present and protect lawful rights and interests of its members in accordance with law and its charter .

2. To admit and expel members; to perform commendation, reward and disciplining work; to settle complaints and denunciations in accordance with its charter.

3. To issue rules on notarial practice ethics and supervise its members in the compliance with law and rules on notarial practice ethics.

4. To coordinate with Ministry of Justice in organizing notarial practice training and probation in accordance with law; to participate in law making, dissemination and education.

5. To create a damage compensation fund within the scope of the association so as to support the compensation for damage caused due to the fault of its members in the course of professional practice in case professional liability insurance money is not enough to pay compensation; to manage this fund in accordance with law.

6. To enter into international cooperation activities in the field of notarization in accordance with law.

7. To examine the implementation of its charter; to suspend the implementation or request revision or cancellation of resolutions, decisions or regulations issued by notary societies in contravention of its charter; to propose competent state agencies to suspend the implementation or request revision or cancellation of resolutions, decisions or regulations issued by notary societies in contravention of law.

8. To report to the Ministry of Justice on its schemes to organize the National Notaries’ Congress, personnel plans and congress results; to make regular reports or other reports at the request of the Ministry of Justice.

9. To perform other duties and exercise other powers as provided by law and the association’s charter.

Article 31.Charter of the Vietnam Notary Association

1. Based on the Law on Notarization and this Decree, the National Notary Congress shall pass the charter of the Vietnam Notary Association.

The charter of the Vietnam Notary Association shall be applied uniformly to the Vietnam Notary Association and notary societies being its members.

2. The charter of the Vietnam Notary Association must have the following principal contents:

a/ Guidelines, objectives and symbol of the association;

b/ Rights and obligations of members of the association;

c/ The relationship of the association and notary societies;

d/ Procedures for admission to, and withdrawal from the list of members of the association, expulsion of members;

dd/ Terms, organizational structures, methods of election, relief from duty and relief from office of members, duties and powers of organs of the association and notary societies;

e/ The coordinative relationship between notary societies in performing their duties and exercising their powers according to regulations;

g/ Composition, tasks and powers of the National Notary Congress and notary societies’ congresses; order and procedures for holding congresses of the Vietnam Notary Association and notary societies;

g/ Issuance of internal rules of notary societies;

i/ Finance of the association and notary societies;

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

l/ Reporting regime applicable to the association and notary societies;

m/ Relations with other agencies and organizations.

3. Within 7 (seven) working days after the charter of the Vietnam Notary Association is approved, the National Notary Council shall send the charter to the Ministry of Justice for consideration and approval. Within 30 days after receiving the charter of the Vietnam Notary Association, the Minister of Justice shall approve the charter after reaching agreement with the Minister of Home Affairs; in case of refusal, it shall issue a written reply clearly stating the reason.

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

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

b/ The process and procedures for adopting the charter fails to ensure validity, democracy, publicity and transparency in accordance with law.

5. In case the charter of the Vietnam Notary Association is disapproved, the National Notary Council shall amend the charter or re-organize a meeting of the Congress to adopt the charter in accordance with law.

Within 7 (seven) working days after the amended charter is adopted, the National Notary Council shall send the amended charter to the Ministry of Justice for consideration and approval. The approval of the amended charter must comply with this Article.

6. The charter of the Vietnam Notary Association shall come into force on the date of its approval.

Chapter V

IMPLEMENTATION PROVISIONS

Article 32.Transitional provisions

1. Notary societies of provinces and centrally run cities, which have been established and started operating before the effective date of the 2014 Law on Notarization may continue their operation and shall perform the duties and exercise the powers prescribed in Clause 1, Article 39 of the 2014 Law on Notarization and this Decree.

2. Pending the establishment of the Vietnam Notary Association and the issuance of the charter of the association, notary societies may continue implementing their existing charters until the charter of the Vietnam Notary Association is approved.

3. By the time the 2014 Law on Notarization takes effect, persons who are attending 6-month notary training courses under the 2006 Law on Notarization may continue their training programs and shall be recognized as having participated in notary training courses. Notarial practice probation must comply with Article 11 of the 2014 Law on Notarization.

4. The conditions on heads of notary offices prescribed in Clause 2, Article 22 of the 2014 Law on Notarization shall not be applied to those who are acting as heads of notary offices established before the effective date of the 2014 Law on Notarization.

Article 33.Effect

1. This Decree takes effect on May 1, 2015.

2. The Government’s Decree No. 04/2013/ND-CP of July 7, 2013, detailing and guiding the implementation of a number of articles of November 29, 2006 Law No. 82/2006/QH11 on Notarization ceases to be effective on the date this Decree takes effect.

Article 34.Implementation responsibilities

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, providing the collection, payment, management and use of notarization charges; fees for certification of copies duplicated from originals, certification of signatures and papers and documents; fees for sitting in exams for notary appointment; fee for grant of notary’s cards and issuance of operation registration certificates of notarial practice certificates, and guiding the implementation of regulations on professional liability insurance for notaries in accordance with the law on insurance business and this Decree.

3. Past the deadlines prescribed in Clauses 1 and 3, Article 79 of the 2014 Law on Notarization for transformation of notary offices established by one notary and purchase of professional liability insurance for notaries by notary offices, provincial-level People’s Committees shall review and report the results to the Ministry of Justice for reporting to the Government.

4. The Minister of Justice shall guide the implementation of this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG