VietnameseDecree No. 75/2000/ND-CP dated December 08, 2000 of the Government on notarization and authentication
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Decree No. 75/2000/ND-CP dated December 08, 2000 of the Government on notarization and authentication
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 75/2000/ND-CP | Signer: | Phan Van Khai |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 08/12/2000 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administration |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
No: 75/2000/ND-CP | Hanoi, December 08, 2000 |
DECREE
ON NOTARIZATION AND AUTHENTICATION
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on Organization of the Government;
Pursuant to the Civil Code of October 28, 1995;
To satisfy the increasing demand of individuals and organizations for notarization and authentication, thus contributing to the social and economic development of the country and at the same time, enhancing the State management over the activities of notarization and authentication, continuing to reform the administrative procedures in the field of notarization and authentication;
At the proposal of the Minister of Justice,
Pursuant to the Civil Code of October 28, 1995;
To satisfy the increasing demand of individuals and organizations for notarization and authentication, thus contributing to the social and economic development of the country and at the same time, enhancing the State management over the activities of notarization and authentication, continuing to reform the administrative procedures in the field of notarization and authentication;
At the proposal of the Minister of Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Objects of regulation by the Decree
This Decree prescribes the scope of notarization and authentication, the operation principles, the notarization and authentication procedures and order, the organization of Notary Public offices and the work of authentication by the People’s Committees of rural districts, urban districts, provincial capitals and towns (hereinafter referred collectively to as the district-level People’s Committees) and the People’s Committees of communes, wards, district towns (hereinafter referred collectively to as the communal-level People’s Committees).
Through their notarization and authentication activities, the State agencies competent to give notarization or authentication contribute to ensuring the legal safety in civil, economic, commercial and other social relations, preventing law offenses and enhancing the socialist legislation.
Article 2.- Notarization and authentication
1. Notarization means the certification by the Notary Public offices of the truthfulness of the contracts already entered or other transactions already established in civil, economic, commercial and other social relations (hereinafter called contracts, transactions) and its performance of other tasks under the provisions of this Decree.
2. Authentication means the confirmation by the district- or communal-level People’s Committees of the duplication or photocopying of papers, contracts, transactions and signatures of individuals in papers servicing the performance of their transactions according to the provisions of this Decree.
Article 3.- Scope of notarization and authentication of contracts, transactions
Contracts, transactions prescribed in Article 2 of this Decree shall be notarized or authenticated in the following cases:
1. The contracts, transactions, which must be notarized or authenticated as stipulated by law;
2. The contracts, transactions, of which the notarization or authentication is not required by law, but voluntarily requested by individuals and/or organizations.
Article 4.- State agencies competent to give notarization and/or authentication
1. The State agencies competent to give notarization or authentication in the country shall include:
a) The Notary Public offices;
b) The district-level People’s Committees;
c) The communal-level People’s Committees.
2. The State agencies competent to give notarization abroad shall be the diplomatic missions and the consulates of the Socialist Republic of Vietnam in foreign countries (hereinafter called the Vietnamese representations overseas).
Article 5.- Persons performing the notarization or authentication
Persons performing the notarization or authentication shall include:
1. The notaries of the Notary Public offices;
2. Persons authorized by the district-/communal-level People’s Committees to perform the authentication according to the provisions of this Decree;
3. Consular personnel of the Vietnamese representations overseas.
Article 6.- Principles of notarization and authentication
1. The notarization and authentication must comply with the provisions of this Decree and other relevant legal documents.
2. Upon the notarization or authentication, the performers thereof must be objective, honest and responsible for their notarization or authentication; where they are aware or must be aware that the notarization or authentication or the contents of notarization or authentication run counter to laws and/or the social ethics, they must not perform the notarization or authentication.
3. The notarization or authentication performers must keep confidential the notarized, authenticated contents and information relating to the notarization or authentication, except for cases prescribed in Clause 4, Article 62 of this Decree.
Article 7.- Notarization or authentication requesters
1. The notarization or authentication requesters may be Vietnamese or foreign individuals and organizations.
Where the notarization or authentication requesters are individuals, they must have the civil act capacity in conformity with the law provisions; if they are organizations, the notarization or authentication requesters must be the representatives at law or under authorization of such organizations.
2. The notarization or authentication requesters are entitled to request the State agencies competent to give notarization or authentication to satisfy their lawful requests for notarization or authentication; in case of denial, they may lodge complaints according to the provisions in Chapter IX of this Decree.
3. The notarization or authentication requesters must fully produce necessary papers related to the notarization or authentication, and take responsibility for the legality of such papers; in case of notarization, authentication of contracts or transactions, the notarization or authentication requesters must also ensure their honesty in the conclusion of contracts or establishment of transactions, without any deception.
Article 8.- Witnesses
1. Where the law provides that the notarization or authentication must have the witnesses or where the law does not require the witnesses but the notarization or authentication requesters are unable to read, hear, sign or to press their fingerprints, there must be witnesses.
The witnesses shall be designated by the requesters of notarization or authentication; if they cannot appoint witnesses or in urgent cases, the notarization or authentication performers shall appoint the witnesses.
2. The witnesses must fully satisfy the following conditions:
a) Being aged full 18 or over, not being persons who have lost or are restricted in their civil act capacity;
b) Having no property rights, interests or obligations related to the notarization or authentication.
Article 9.- Places of notarization, authentication
1. The notarization or authentication shall be performed at the offices of the State agencies competent to give notarization or authentication, except for cases prescribed in Clause 2, Article 50 of this Decree or otherwise prescribed by law.
2. The State agencies competent to give notarization or authentication must arrange places to receive the notarization or authentication requesters, which are convenient, civilized and tidy, ensuring order and democracy.
3. Posted up at the offices of the State agencies competent to give notarization or authentication must be the working time-table, the regulation on citizen- reception, competence, procedures and order for notarization or authentication and the fees therefor.
Article 10.- Time for notarization or authentication
The time for notarization or authentication shall be the time the notarization or authentication performers sign the notarized or authenticated documents.
Article 11.- Signing, fingerprint pressing in notarization or authentication
1. The signing or fingerprint pressing by notarization or authentication requesters must be carried out in front of the notarization or authentication performers, except otherwise provided for by law.
2. The signing or fingerprint pressing by the witnesses must be carried out in front of the notarization or authentication performers and requesters.
Article 12.- Language used in notarization and authentication activities
The language used in notarization and authentication activities shall be the Vietnamese, except for cases prescribed in Clause 4, Article 25 and Article 49 of this Decree or otherwise prescribed by law.
Where the notarization or authentication requesters are not fluent in Vietnamese language, there must be interpreters.
Article 13.- Contents of written certification
1. The contents of written certification must be coherent and unequivocal, demonstrating the responsibility of the notarization or authentication performers for the notarization or authentication.
2. The Ministry of Justice shall guides the content forms of written certification for common notarization and authentication.
Article 14.- Value of notarized and authenticated documents
1. Contracts, transactions, copies of papers, signatures of individuals in papers servicing the performance of transactions and the translation of papers, which have been notarized by the Notary Public offices according to the provisions of this Decree, shall be called the notarized documents.
Contracts, transactions, copies of papers and signatures of individuals in papers servicing the performance of transactions, which have been authenticated by the district-/communal-level People�s Committees according to the provisions of this Decree shall be called the authenticated documents.
2. The notarized or authenticated documents have the evidencing value, except for cases where they are made neither according to competence nor in compliance with the provisions of this Decree or where they are declared invalid by courts.
3. The already notarized or authenticated contracts have the implementation validity for the contracting parties; where the obligors fail to fulfill their obligations, the other party may request the competent State bodies to settle matters according to the provisions of law.
4. Where a notarization or authentication prescribed by this Decree falls under the competence of various agencies, the documents notarized or authenticated at any competent agency of those agencies shall have the equal value.
Article 15.- Application of international treaties
Where the international treaties which the Socialist Republic of Vietnam has signed or acceded to contain provisions on notarization and authentication different from the provisions of this Decree, the provisions of such international treaties shall apply.
Article 16.- Notarization and authentication fees and other expenses
1. The notarization and authentication requesters shall have to pay fees for the notarization or authentication once their requests are met.
The fee levels, reduction and exemption as well as the regime for management and use of notarization, authentication fees shall be prescribed by the Finance Ministry and the Justice Ministry.
2. Where the notarization or authentication requesters request the notarization or authentication agencies to make contracts, transactions, translation, editing, typing, duplication, photocopying and other relevant tasks, they shall also have to pay the expenses for the performance of such tasks. The expense levels, the regime for management and use of these expenses shall be prescribed by the Finance Ministry and the Justice Ministry.
Chapter II
STATE MANAGEMENT OVER NOTARIZATION AND AUTHENTICATION
Article 17.- The Justice Ministry’s tasks and powers in exercising the State management over notarization and authentication
The Justice Ministry shall assist the Government in exercising the uniform management of the notarization and authentication nationwide, having the following tasks and powers:
1. To compile and submit to competent agencies for promulgation the legal documents on notarization and authentication; to promulgate according its competence documents guiding the implementation of such legal documents;
2. To guide and direct the organization and activities of notarization and authentication;
3. To foster the professional operation of notarization and authentication;
4. To issue and guide the uniform use of notarization books, authentication books; to prescribe and guide the uniform use of forms of contract, transaction, certification contents;
5. To check and inspect the organization and activities of notarization and authentication according to competence;
6. To settle complaints, denunciations about notarization and authentication according to competence;
7. Annually to sum up the situation and statistical figures on notarization and authentication for report to the Government;
8. To conduct international cooperation on notarization and authentication;
9. To train in notarization profession; to appoint, dismiss notaries; to grant notary cards; to publish yearbooks on notaries; to apply information technology to notarization activities.
Article 18.- The Foreign Ministry’s tasks and powers in exercising the State management over notarization
The Foreign Ministry shall perform the State management over notarization by Vietnamese representations overseas, having the following tasks and powers:
1. To coordinate with the Justice Ministry in directing, guiding, checking and inspecting the notarization by Vietnamese representations overseas according to the law provisions on notarization; organize professional fostering on notarization for consular personnel of the Vietnamese representations abroad;
2. To settle complaints, denunciations about notarization according to competence;
3. To sum up the situation and statistical figures on notarization by Vietnamese representations overseas for sending them to the Justice Ministry biannually and annually.
Article 19.- The provincial-level People’s Committees’ tasks and powers in exercising the State management over notarization and authentication
1. The provincial-level People’s Committees shall perform the State management over notarization and authentication in their respective localities, having the following tasks and powers:
a) To direct the notarization and authentication activities;
b) To settle complaints and denunciations about notarization and authentication according to their competence;
c) To professionally foster authentication personnel of the district-/communal- level People’s Committee; to guide, check and inspect activities of the Notary Public offices and the district-/communal-level People’s Committees;
d) To decide the establishment and dissolution of the Notary Public offices; to decide regional competence for each Notary Public office; to appoint, relieve from office or dismiss heads and deputy-heads of Notary Public offices; determine the payroll for each Notary Public office; to ensure working offices, facilities and other necessary material foundations for the operation of the Notary Public offices;
e) To sum up the situation and statistical figures on notarization and authentication in the localities for sending them to the Justice Ministry biannually and annually.
2. The provincial/municipal Justice Services shall assist the provincial-level People’s Committees in performing the tasks and exercising the powers prescribed in Clause 1 of this Article.
Article 20.- The district-level People’s Committees’ tasks and powers in exercising the State management over authentication
1. The district-level People’s Committees shall perform the State management over the authentication in their respective localities, having the following tasks and powers:
a) To guide and direct the authentication activities of the Justice Sections and the People’s Committees of the communal level;
b) To check and inspect the authentication activities of the Justice Sections and the People’s Committees of the communal level;
c) To settle complaints and denunciations about authentication according to competence;
d) To sum up the situation and statistical figures on authentication for reporting them to the provincial/municipal Justice Services biannually and annually.
2. The Justice Sections shall assist the district-level People’s Committees performs the tasks and exercise the powers, prescribed in Clause 1 of this Article.
Chapter III
NOTARIZATION AND AUTHENTICATION COMPETENCE
Article 21.- The notarization competence of the Notary Public offices
1. The following tasks shall only fall under the competence of the Notary Public offices:
a) Notarizing contracts, transactions involving foreign elements;
b) Notarizing contracts, transactions related to real estates within the regional competence of the Notary Public offices as provided for in Clause 1, Article 23 of this Decree;
c) Notarizing contracts, transactions related to moveable assets valued at VND 50 million or more;
d) Notarizing the translation of papers from foreign languages into Vietnamese or vice versa;
e) Notarizing signatures of foreigners, overseas Vietnamese in papers servicing the performance of transactions at home and abroad, signatures of Vietnamese citizens in papers servicing the performance of transactions overseas;
f) Taking in custody testaments;
g) Other tasks prescribed by law.
2. The Notary Public offices may notarize things under the authentication competence of the district-level People’s Committees, prescribed in Article 22 of this Decree, except for contracts and transactions related to real estate which fall under the regional competence of the district-level People’s Committees, prescribed in Clause 2, Article 23 of this Decree.
The Notary Public offices may notarize all things under the authentication competence of the communal-level People’s Committees prescribed in Article 24 of this Decree.
Article 22.- The authentication competence of the district-level People’s Committees
1. The district-level People’s Committees have competence to perform the following:
a) Authenticating copies of papers, diplomas, certificates in Vietnamese and foreign languages;
b) Authenticating signatures of Vietnamese citizens in papers servicing the performance of civil transactions in the country;
c) Authenticating contracts, transactions related to real estates according to regional competence prescribed in Clause 2, Article 23 of this Decree;
d) Authenticating contracts, transactions related to moveable assets valued at under VND 50 million;
e) Authenticating written agreements on division of estate, written claims of estate;
f) Other things prescribed by law.
2. The presidents of the district-level People’s Committees shall authorize heads of the district Justice Sections to perform the authentication prescribed in Clause 1 of this Article. The heads of the Justice Sections shall have to register their signatures at the provincial/municipal Justice Services. Each Justice Section must be staffed with full-time judiciary officials to assist the Section’s head in performing the authentication; the full-time judiciary officials must have the degree of law bachelor and already been fostered in authentication operation.
Article 23.- The regional competence of the Notary Public offices and the district-level People’s Committees in notarizing and authenticating contracts, transactions related to real estates
1. The presidents of the provincial-level People’s Committees shall decide the regional competence to notarize and authenticate contracts and transactions related to real estates in their respective localities for each Notary Public office. "Region" means one or several urban districts, rural districts, provincial capitals or cities.
2. The People’s Committees of rural districts, urban districts, provincial towns shall authenticate contracts and transactions related to real estates in the region of their respective rural districts, urban districts, provincial capitals, which do not fall under the regional competence of the Notary Public offices prescribed in Clause 1 of this Article.
3. The notarization and/or authentication of testaments, written refusals to receive estates related to immoveables shall not have to comply with the provisions in Clauses 1 and 2 of this Article.
Article 24.- The authentication competence of the communal-level People’s Committees
1. The communal-level People’s Committees have competence to perform the following:
a) Authenticating signatures of Vietnamese citizens in papers servicing the performance of civil transactions in the country;
b) Authenticating testaments, written refusals to receive estates;
c) Other jobs prescribed by law.
2. The presidents or vice-presidents of the communal-level People’s Committees in charge of judiciary affairs shall perform the authentication prescribed in Clause 1 of this Article and have to register their signatures at the provincial/municipal Justice Services. The communal-level judiciary officials shall assist the presidents or vice-presidents of the communal-level People’s Committees in performing the authentication; the communal-level judiciary officials must fully meet the criteria prescribed in Article 13 of Decree No.83/1998/ND-CP of October 10, 1998 of the Government on civil status registration and be fostered in the authentication operation.
Article 25.- The notarization competence of Vietnamese representations overseas
1. The Vietnamese representations overseas shall have the competence to notarize things prescribed in Article 21 of this Decree and other things according to the provisions of the Consular Ordinance, except for the conclusion of contracts for sale and purchase, presentation and donation, exchange or pledge of real estates in Vietnam.
2. In countries or regions where exist great demands for notarization, the Foreign Ministry shall have the responsibility to nominate consular personnel with law bachelor degree and notarization training to take specialized charge of the notarization at Vietnamese representations overseas and notify the Justice Ministry thereof.
3. The documents notarized by Vietnamese representations overseas are as valid as the documents notarized or authenticated at home.
4. For the notarization performed by Vietnamese representations overseas for use abroad, the notarized documents can be made in other languages.
Chapter IV
NOTARY PUBLIC OFFICES, NOTARIES
Article 26.- The Notary Public offices
1. The Notary Public offices are placed under the management of the directors of the provincial/municipal Justice Services, have the legal person status, own offices, own accounts and seals according to the law provisions on seals. In the provinces and centrally- run cities where exist great demands for notarization, several Notary Public offices shall be set up and ordinally numbered.
2. A Notary Public office is consisted of the head, the deputy head, notaries, experts and other personnel. It must have at least three notaries. The head and deputy-head must be notaries.
Article 27.- Setting up Notary Public offices
1. To satisfy the local demands for notarization, the directors of the provincial/municipal Justice Services shall elaborate plans to set up new Notary Public offices and report them to the presidents of the provincial-level People’s Committees for consideration and decision. Such a plan must clearly states the reasons for setting up the Notary Public office; the regional competence of the Notary Public office in notarizing contracts, transactions related to real estates; its organization, payroll and personnel; its projected notaries and head; location for headquarter, material foundations, working facilities for the operation of the Notary Public office. The establishment of Notary Public offices shall be carried out only after it is approved by the Justice Minister.
2. Within 30 days after the provincial-level People’s Committees issue decisions to set up the Notary Public offices, the provincial/municipal Justice Services must publish on local newspapers for three consecutive issues the following principal contents:
a) The date of issuing the establishment decisions and the date for commencing the operation of the Notary Public offices;
b) Names and addresses of the offices of the Notary Public offices;
c) The notarization competence of the Notary Public offices.
Article 28.- Heads of the Notary Public offices
1. The heads of the Notary Public offices shall administer and take responsibility for all activities of their offices, having the following tasks and powers:
a) To elaborate and direct the implementation of the work plans of their offices, run day-to-day affairs of their offices, assign tasks to notaries and other staff members;
b) To act as the owners of the Notary Public offices’ accounts; represent the offices in relations with other agencies and organizations;
c) To direct and inspect the professional activities of notaries;
d) To propose the directors of the provincial/municipal Justice Services to appoint, transfer, dispatch or dismiss notaries, to suspend the performance of notarization by the notaries;
e) To propose the payroll, recruitment;
f) To settle complaints and denunciations according to competence;
g) To biannually and annually report on their offices’ work to the Justice Ministry, the provincial-level People�s Committees and the directors of the provincial/municipal Justice Services.
The deputy-heads of the Notary Public offices are the assistants to the heads of the offices in administering the activities of the offices and act on the heads’ behalf when the heads are absent.
2. The heads and deputy-heads of the Notary Public offices shall be appointed, dismissed or discharged from office by the presidents of the provincial-level People’s Committees at the proposals of the directors of the provincial/municipal Justice Services, after the Justice Minister gives his/her approving opinion in writing; the heads and deputy-heads of the Notary Public offices must have the seniority of working as notaries for two years or more.
The heads and deputy-heads of the Notary Public offices perform the notarization in their capacity as notaries and must not concurrently take up other managerial posts on the part-time basis.
Article 29.- Notaries
1. Notaries are public employees and appointed by the Justice Minister; the notaries must work on the full-time basis and not concurrently take up other jobs.
2. Notaries are salaried commensurately to their professional responsibilities. The Government stipulates the wage regime for the notaries.
Article 30.- Conditions and criteria for appointment of notaries
1. Persons who fully meet the following conditions and criteria shall be considered, appointed to be notaries:
a) Being Vietnamese citizens residing permanently in Vietnam;
b) Having the law bachelor diploma and certificate of graduation from notarization training courses;
c) Having good ethic qualifications;
d) Having involved in legal activities for five consecutive years or more after obtaining the law bachelor diploma; for persons having a duration of 5 years or more involving in legal activities before obtaining the law bachelor diploma, the duration of working in the legal field after getting the law bachelor diploma shall be at least two years in a row.
2. The following persons must not be nominated to be notaries:
a) Persons who have lost or are restricted in their civil act capacity;
b) Persons who are being examined for penal liability; not entitled to criminal record remission;
c) Persons who are being placed under the administrative probation.
Article 31.- Procedures for appointment of notaries
1. Based on the working requirements and conditions as well as the criteria for appointment of notaries prescribed in Article 30 of this Decree, the directors of the provincial/municipal Justice Services shall propose the Justice Minister to appoint notaries.
2. The dossier proposing the appointment of notaries shall include:
a) The written proposal made by the director of the provincial/municipal Justice Service according to set form;
b) The written proposal made by the head of the Notary Public office;
c) The copies of the law bachelor diploma and of the certificate of graduation from notarization training course;
d) The curriculum vitae affixed with photo, made according to set form prescribed for public employees;
e) The health certificate issued by the medical establishment of the provincial or higher level;
f) Two color photos of 3x4 cm size.
3. The appointed notaries shall be granted the notary’s cards for use while performing their duties.
Article 32.- Secondment of notaries
1. The seconding of notaries shall be made in the following cases:
a) Upon the demand of other Notary Public office which is not fully staffed with 3 notaries according to regulations;
b) Upon the demand for promotion of the notarization operation of the Notary Public office where the notaries are seconded to;
c) To settle the state of notarization overload at the Notary Public offices where the notaries are temporarily seconded to at given time.
2. The secondment of notaries shall be effected only within provinces or centrally-run cities and for not more than three years.
3. The temporary transfer of notaries from one Notary Public office to another shall be decided by the directors of the provincial/municipal Justice Services at the proposals of the heads of the concerned Notary Public offices and such decisions shall be addressed to the provincial-level People’s Committees and the Justice Ministry.
Article 33.- Removal of notaries
1. The removal of notaries shall be carried out in the following cases:
a) Upon the demand for professional operations or for notaries to be appointed heads, deputy-heads of other Notary Public offices;
b) Upon the aspiration of the notaries.
2. The removal of notaries from one Notary Public office to another within a province or centrally-run city shall be decided by the directors of the provincial/municipal Justice Services at the proposals of the heads of the concerned Notary Public offices and such decisions shall be addressed to the provincial-level People’s Committees and the Justice Ministry.
3. The removal of notaries from Notary Public offices of one province to Notary Public offices of another province shall be decided by the presidents of the concerned provincial-level People’s Committees at the proposals of the directors of the concerned provincial/municipal Justice Services and such decisions shall be addressed to the Justice Ministry.
4. Upon the removal of notaries, the procedures for relief from office and re-appointment are not required.
Article 34.- Suspension of the performance of notarization by notaries
1. The suspension of performance of notarization by notaries shall be effected in the following cases:
a) There is a decision to prosecute the defendant;
b) There appear clear signs of civil act capacity loss or restriction;
c) The notaries commit acts of violation and are being examined by competent bodies for discipline in one of the disciplinary forms prescribed at Point c, Clause 1, Article 35 of this Decree.
2. The suspension of performance of notarization by notaries shall be decided by directors of the provincial/municipal Justice Services at the proposals of the heads of the Notary Public offices.
The suspension of the performance of notarization by heads, deputy-heads of the Notary Public offices shall be decided by presidents of the provincial-level People’s Committees at the proposals of the directors of the provincial/municipal Justice Services.
3. The decisions to suspend the performance of notarization shall be annulled when the grounds prescribed in Clause 1 of this Article no longer exist.
4. The suspension decisions and the decisions to annul such decisions shall be addressed to the Justice Ministry.
Article 35.- Relieving notaries from office
1. The notaries shall be relieved from office in the following cases:
a) According to requirement of transfer to other job;
b) Upon the aspiration of the notaries;
c) They are subject to warning for the second time, discharged from jobs or transferred to other jobs; fall in one of the cases prescribed in Clause 2, Article 30 of this Decree.
2. The dossier proposing the release of notaries from office in cases provided for at Points a and b, Clause 1 of this Article, shall include: The notary’s application therefor and the written proposal made by the director of the concerned provincial/municipal Justice Service, attached with the proposal of the head of the concerned Notary Public office.
The dossier proposing the release of notaries from office in cases provided for at Point c, Clause 1 of this Article shall include: The written proposal made by the director of the concerned provincial/municipal Justice Service at the proposal of the head of the Notary Public office, except for case of relieving the head of the Notary Public office him-/herself, and relevant papers, which shall serve as basis for proposing the release from office.
Article 36.- Dissolution of Notary Public offices
1. Where the notarization demand reduces for two consecutive years or the prescribed number of notaries is not enough for one year, the directors of the provincial/municipal Justice Services shall draw up plans on the dissolution of the Notary Public offices and report them to the presidents of the provincial-level People’s Committees for consideration and decision. Such a plan must clearly states the reasons for dissolution, the scheme of personnel arrangement after the dissolution, the financial settlement, liquidation, settlement of consequences and handling of assets. The dissolution of Notary Public offices shall be effected after it is approved by the Justice Minister.
2. Right after obtaining the decisions on dissolution of Notary Public offices, the provincial/municipal Justice Services shall publish on local newspapers for three consecutive issues the dissolution of the Notary Public offices.
Chapter V
TASKS, POWERS OF NOTARIZATION OR AUTHENTICATION PERFORMERS
Article 37.- Tasks of notarization or authentication performers
The notarization or authentication performers shall have the following tasks:
1. To perform the notarization or authentication, which falls under the notarization or authentication competence of their respective agencies;
2. To receive and examine papers produced by notarization or authentication requesters; to provide guidance on notarization or authentication procedures and orders for notarization or authentication requesters, if necessary;
3. To explain to notarization or authentication requesters their rights, obligations and legitimate interests, the significance and legal consequences of the notarization or authentication;
4. To perform other tasks as prescribed by this Decree.
Article 38.- Powers of notarization or authentication performers
The notarization or authentication performers shall have the following powers:
1. To request the notarization or authentication requesters to produce all papers necessary for the performance of notarization or authentication;
2. To request concerned State bodies, organizations to supply information necessary for the performance of notarization or authentication; the State bodies, organizations, which receive the request shall have to promptly supply such information;
3. To request the professional agencies to perform expertise or provide consultancy when deeming it necessary; the expenses for expertise of papers shall be paid by the notarization or authentication requesters when there is the expertise conclusion that such papers are fake;
4. To make record on temporary seizure of papers which show signs of forgery; to coordinate with the competent State bodies in handling cases of using fake papers and taking measures against the notarization or authentication requesters who commit acts of law offense;
5. To refuse the notarization or authentication in the following cases:
a) Cases prescribed in Article 39 of this Decree;
b) Things which do not fall under their notarization or authentication competence;
c) There are written requests of competent State bodies for suspension of the notarization or authentication;
d) Things related to the notarization or authentication request are being in dispute;
e) Other cases prescribed by law.
In case of refusal, the notarization or authentication performers shall have to explain the reasons therefor to the notarization or authentication requesters; if things to be notarized or authenticated do not fall under the competence of their agencies, they shall have to provide guidance for the latter to go to other agencies with such competence.
Article 39.- Case of non-performance of notarization or authentication
The notarization or authentication performers shall not perform the notarization or authentication in the following cases:
1. Where they know or must know that the notarization or authentication or the contents thereof are contrary to law and/or social ethics;
2. Where the notarization or authentication relates to the property or interests of their own or their next of kin being wives or husbands; fathers, mothers, or fathers or mothers in law, or adoptive fathers or mothers; offspring, adopted children, daughters in law, sons in law; paternal or maternal grandparents; siblings, brothers or sisters in law, adopted brothers or sisters; grandchildren being children of their sons, daughters or adopted children.
Chapter VI
NOTARIZATION AND AUTHENTICATION OF CONTRACTS, TRANSACTIONS
Article 40.- Scope of application
1. The provisions on notarization and authentication of contracts in Section I of this Chapter shall apply to the notarization or authentication of all contracts or transactions to be notarized or authenticated under the provisions of this Decree.
2. Where there is difference between the provisions of Section I and those of Section II of this Chapter, the provisions of Section II shall apply.
SECTION I. GENERAL PROVISIONS
Article 41.- Procedures and time limits for notarization or authentication of ready-made contracts
1. The notarization or authentication requesters shall have to inscribe the notarization or authentication requesting tickets according to set form, produce personal papers and necessary papers for the performance of notarization or authentication. Where the contracts relate to assets whose ownership or use rights must be registered as stipulated by law, the notarization or authentication requesters must have all papers to prove the rights to own or use such assets, except for cases prescribed in Clause 2, Article 50 of this Decree.
The State bodies with the notarization or authentication competence shall receive and check the papers produced by the notarization or authentication requesters, process and record them in books if the papers are valid and complete; where they can not satisfy a notarization or authentication request within the day, they shall issue an appointment ticket to the notarization or authentication requester.
2. The notarization or authentication time limits shall not exceed 3 working days for simple contracts, 10 working days for complicated contracts and 30 working days for especially complicated contracts, after they are received and processed.
3. The notarization or authentication performers shall determine the civil act capacity of the notarization or authentication requesters and perform the notarization or authentication if deeming that the contents of the contracts already prepared are not contrary to law and/or social ethics.
Where the contents of contract are contrary to law and/or social ethics or fail to meet the requirements, the contracts must be amended, supplemented; if the notarization or authentication requesters disagree with such amendments and/ or supplements, the notarization or authentication shall not be given.
4. Where the contracts are amended and/or supplemented according to the provisions in paragraph 2, Clause 3 of this Article, before signing them, the notarization or authentication requesters must re-read the contracts by themselves or listen to the notarization or authentication performers read for them. If they agree with the entire contents inscribed in the contracts, they shall initial in each page of the contracts, except for the last page which must be fully signed; then the notarization or authentication performers shall certify or authenticate and initial in each page of the contracts, except for the last page which must be signed in full and affix seals on the contracts.
Article 42.- Notarizing or authenticating contracts prepared by notarization or authentication performers at the request of the notarization or authentication requesters or according to set forms
1. The notarization or authentication requesters may request the notarization or authentication performers to compile contracts.
The notarization or authentication requesters declare the contents of the contracts before the notarization or authentication performers. The notarization or authentication performers shall write down all the contents declared by the notarization or authentication requesters; if the declared contents are not contrary to law and/ or social ethics, they shall compile the contracts.
2. The universal civil contracts and common contracts in the economic and commercial fields must be made according to set forms when they are notarized or authenticated.
The Justice Ministry shall stipulate and guide the use of contract forms.
3. Clauses 1, 2 and 4 of Article 41 of this Decree shall be also applied similarly to cases where the contracts are compiled by the notarization or authentication performers or made according to set forms.
Article 43.- Contents of notarization or authentication
Written certification by notarization or authentication performers must clearly state: the time of conclusion of contracts, the place of notarization or authentication, the civil act capacity, the signatures of the parties and the contents agreed upon by the parties, except for cases prescribed in Article 49 of this Decree.
Article 44.- Notarizing or authenticating amendment, supplement or cancellation of contracts
1. For contracts already notarized or authenticated, the partial or complete amendment or supplement of such contracts must also be notarized or authenticated and such notarization or authentication can be performed at any State agency with the notarization or authentication competence, except for cases prescribed in Article 23 of this Decree.
2. This provision also applies to contract cancellation if the contractual parties request the notarization or authentication of such contract cancellation.
Article 45.- Correction of technical errors
At the request of the contractual parties, the notarization or authentication performers may correct technical errors in the already notarized or authenticated contracts which have not yet performed, provided that such correction shall not affect the rights and obligations of the contractual parties. The correction of technical errors shall be made by way that the notarization or authentication performers write the correction on the edge, then affix their signatures and seal thereto.
SECTION II. SPECIFIC PROVISIONS ON NOTARIZATION OR AUTHENTICATION OF A NUMBER OF CONTRACTS, TRANSACTIONS
Article 46.- Notarization or authentication of contracts on purchase and sale of houses under joint ownership or being leased
1. For the request to notarize or authenticate contracts on purchase or sale of houses under joint ownership, the notarization or authentication requesters shall also have to submit the written consents of other owners of the common ownership; in cases where the house is under the common ownership by integration or where a part of the house under the joint ownership by shares, the other co-owners’ written refusals to buy such part or the papers showing the expiry of the law-prescribed time limits as from the date the co-owners receive the sale notices and conditions, but no co-owners buy it.
2. In case of notarizing or authenticating contracts on purchase or sale of houses being leased, the notarization or authentication requesters shall also have to submit the tenants’ written refusals to buy the houses or papers showing the expiry of the law-prescribed time limits as from the date the tenants receive the sale notices and conditions but fail to make any reply.
3. The provision in Clause 1 of this Article shall also apply to the purchase and sale of houses to be used for other purposes and other construction works.
Article 47.- Notarization or authentication of contracts on property mortgage
For already notarized or authenticated contracts on property mortgage under which the mortgaged property continue to be mortgaged as the security for the performance of other obligations, the contracts on further mortgage must be notarized or authenticated at the agencies where the first notarization or authentication was effected.
Article 48.- Notarization or authentication of contracts on authorization, letters of authorization
1. The authorization with remuneration or obligatory compensation by the authorized parties or for the transfer of the rights to own or use real estate must be made in contracts.
Where the authorizer and the authorized cannot together go to a State agency with the notarization or authentication competence, the authorizer shall request the State agencies with the notarization or authentication competence in the places of their permanent or temporary residence to notarize or authenticate the authorization contracts; the authorized shall request the State agency with the notarization or authentication competence in the places of their permanent or temporary residence to write the additional notarization or authentication on the originals of such authorization contracts and complete the procedures for notarization or authentication of the authorization contracts.
2. The authorization which does not fall in cases prescribed in Clause 1 of this Article must not be made in authorization contracts but can be made in authorization letters which only need to be signed by the authorizers.
Article 49.- Notarization of contracts made in foreign languages
1. For contracts made simultaneously in both Vietnamese and foreign languages, the notarization of the contracts made in Vietnamese shall comply with the general provisions on contract notarization.
For the notarization of written contracts made in foreign languages, the notaries may not notarize the contents of the parties’ agreement; this must be clearly inscribed in the written certification.
The notarization requesters must take responsibility for the accuracy and compatibility of the written contracts made in foreign languages with the written contracts made in Vietnamese.
2. For contracts which are made only in foreign languages, the translation thereof must be attached thereto; the notarization of such contracts shall comply with the provisions in Paragraph 2, Clause 1 of this Article.
Article 50.- Notarization and authentication of testaments
1. The testators must themselves request the notarization or authentication of their testaments; the testaments shall not be notarized or authenticated through other persons.
2. In cases where their lives are threatened with death due to ailment or other causes and the testators cannot go to the offices of the State agencies with notarization or authentication competence, the testaments shall be notarized or authenticated at the places where the testators reside or are present. For cases where testaments are made while the testators’ lives are threatened with death, they may not necessarily produce the papers prescribed in Clause 1, Article 41 of this Decree.
3. The notarization or authentication performers must determine the mental state of the testators.
If doubting that the testators suffer from mental disease or other illnesses which render them unable to realize and control their acts or if deeming that the testament has been made with signs of deception, intimidation or coercion, the notarization or authentication performers shall neither notarize nor authenticate such testaments.
4. The notarization or authentication of testaments related to real estate may be effected at any State agency having the notarization or authentication competence.
5. The amendment, supplement, replacement or cancellation of part or the entire of a testament may be notarized or authenticated at any State agency having the notarization or authentication competence.
Article 51.- Undertaking to keep testaments
1. The testators may request the Notary Public offices to keep their testaments. When undertaking to keep testaments, the notaries must seal the testaments before the testators, write and hand the receipt of custody to the testators.
For testaments already kept by the Notary Public offices, in principle, the amendment, supplement, replacement or cancellation of such testaments must be effected at the Notary Public offices where the testaments are being kept; in special cases for objective reasons, such can be effected at other Notary Public offices or other agencies having the notarization or authentication competence; these Notary Public offices or agencies must send an original thereof to the Notary Public offices where the testament are being kept for the first time.
2. The announcement of testaments kept at the Notary Public offices shall comply with the provisions of the Civil Code, when the notaries are aware of the death of the testators or when the persons relating to the contents of the testament so request. The announcement of testament must be made in written records.
Article 52.- Notarization and authentication of written agreements on division of estates.
1. Heirs at law or heirs under testaments, for each of whom the testaments fail to clearly determine the estate proportion, may request the notarization or authentication of the written agreements on division of the estates, when there is no dispute.
In the written agreements on division of estates, heirs may concede their entire rights to the estates to other heirs.
2. Persons requesting the notarization or authentication must produce the testaments and papers evidencing the property ownership or use rights of the persons who left the estate, for property whose ownership or use rights must be registered as provided for by law.
The notarization or authentication requesters shall also have to produce papers evidencing the relations between the estate bequeathers and heirs according to the law provisions on inheritance, guaranteeing that no heirs at law are left out, except for cases where other heirs at law can not be identified.
3. The notarization or authentication performers shall have to conduct the inspection in order to ensure that the estate bequeathers are truly the persons with the rights to own or use such estate and that the notarization or authentication requesters are true heirs; if deeming unclear or doubtful, they must by themselves or request other agencies or organizations to make verification. The notarization or authentication performers must post up the agreements on division of estate at the places where the estate bequeathers reside or temporarily reside for a given time limits or where exist the real estate of the bequeathers within 30 days
4. The notarized or authenticated agreements on division of estate shall serve as basis for competent State agencies to register the transfer of property ownership or use rights to heirs.
Article 53.- Notarization or authentication of written declaration and claim of estate
1. The only heirs at law to estates may request the notarization or authentication of their written declaration and claims of estate.
2. The provisions in Clauses 2, 3 and 4 of Article 52 of this Decree shall apply similarly to the notarization or authentication of written declarations and claims of estate.
Article 54.- Notarization and authentication of written refusals to take estate
1. Heirs under testaments or at law may request the notarization or authentication of their written refusals to take the estate, which clearly state the commitment that the refusal to take the estate does not aim to shirk the fulfillment of their property obligations towards other persons.
2. The notarization or authentication of written refusals to take estate may be effected at any State agency with notarization or authentication competence.
Chapter VII
NOTARIZATION, AUTHENTICATION OF COPIES OF PAPERS, INDIVIDUALS’ SIGNATURES AND NOTARIZATION OF TRANSLATIONS OF PAPERS
Article 55.- Notarization and authentication of copies of papers
1. The notarization and authentication of copies of papers shall be made only from the originals; the copies may be duplicate, print, typing, computer typing but must contain full and accurate contents like the originals.
2. Copies of documents and papers must not be notarized and/or authenticated in the following cases:
a) The notarization or authentication performers know or must know that the originals are granted ultra vires or invalid; the originals are fake;
b) Documents and/or papers were erased, modified, had their contents added or cut or were so damaged, torn and ragged that their contents cannot be identified;
c) Documents and/or papers classified by State agencies, political organizations, socio-political mass organizations, social organizations, socio-professional organizations, economic organizations; documents and/or papers not for publication on mass media;
d) Applications, letters and self-compiled papers without certification or authentication by competent agencies or organizations;
e) Papers which must not be copied under the legal documents promulgated by the National Assembly, the National Assembly Standing Committee, the State President, the Government and the Prime Minister.
3. The notarization and authentication of copies of papers shall be effected within the day; where there is a request to notarize or authenticate copies of papers in great quantity, the notarization or authentication can be effected later under the appointment.
4. The notarization and authentication performers must check the originals and make the notarization or authentication if deeming it compatible; where the notarization or authentication requesters have their own copies, the comparison and examination of the contents copied from the originals must be made; if detecting any sign of forgery, the papers must be sent to the agencies or organizations which have issued such originals or to expertizers for verification. Each page of the copied documents must be stamped with word "COPY" on the blank place on the right.
5. When receiving copies of papers, which were already authenticated by the district-level People’s Committees, agencies or organizations must not demand the involved persons to submit the copies of papers notarized by the Notary Public offices.
Article 56.- Notarization or authentication of individuals’ signatures
1. Individuals who request notarization or authentication of their signatures in papers in service of transaction shall have to take responsibility for the contents of the papers and sign them in front of the notarization or authentication performers. After determining that such persons are true to their personal papers, transaction papers and their requests are not contrary to law and/or social ethics, the notarization or authentication of their signatures shall be effected.
2. The notarization or authentication of signatures shall be effected within the day.
3. Where the notarization or authentication requesters are unable to sign, the notarization or authentication of signatures shall be replaced by the notarization or authentication of the fingerprint pressing.
Article 57.- Notarization of translations of papers
1. The translation of papers from foreign languages into Vietnamese or vice versa must be done by collaborators of the Notary Public offices. Such collaborators must be the graduates from the foreign-language colleges or other universities but fluent in such foreign languages. The collaborators of the Notary Public offices shall be recognized by the heads of the Notary Public offices who shall take responsibility for the translation qualifications of such collaborators.
2. The Notary Public offices receive the originals and hand them to the translators for translation. The translators must sign and take responsibility for the accuracy and compatibility of the translation, the notaries shall notarize the translators’ signatures on such translations. Each page of the translation must be stamped with word "TRANSLATION" in the blank places on the right. The translation must be attached with the copies of the originals and stamped on overlapping pages.
The notarization requesters may themselves translate their papers and take responsibility for the accuracy and compatibility of the translation. Where necessary, the translation must be edited. The collaborators shall make the editing, sign and take responsibility for the accuracy and compatibility of the edited translation.
Where notaries are qualified and recognized as translators under the provisions in Clause 1 of this Article, such notaries may personally translate the papers and notarize their translation.
3. The notarization of the translation of papers shall be made immediately after the translators complete the translation. In principle, the translation must be done within a working day, except where the translation contains many pages or complicated contents, the time limit for translation shall not exceed 5 working days; for special cases, the above time limit may be prolonged but shall not exceed 15 working days.
4. The translations of papers must not be notarized in the following cases:
a) The notaries know or must know that the originals are issued ultra vires, or invalid; the originals are fake;
b) The papers were erased, modified, have contents added or cut, or were so damaged, torn or ragged that their contents cannot be clearly determined;
c) The papers are classified by State agencies, mass organizations, social organizations and economic organization; papers banned from publication on the mass media.
Chapter VIII
FORMS OF NOTARIZED DOCUMENTS, AUTHENTICATED DOCUMENTS, ARCHIVAL REGIME
Article 58.- Inscription in written notarization or authentication of contracts, transactions
1. Inscription in written notarization or authentication of contracts, transactions must be readable and expressed with durable inks on high-quality papers so as to ensure long-term archive. The inscription may be hand-written, typed or computer-typed; must not be written in abbreviations or signs, in between lines, over lines, with blank spaces left except for new lines; in case of corrections or additions, such shall be made by way that the notarization or authentication performers shall inscribe the corrections or additions by the margins, affix their signatures and stamps thereto.
2. The time of notarization and authentication must be inscribed with day, month and year in numerals and words; hours and minutes may be inscribed if the notarization or authentication requestors so request or the notarization or authentication performers deem it necessary.
3. The figures related to money must be inscribed in both numerals and letters.
Article 59.- Inscribing pages and sheets of the written notarization or authentication of contracts, transactions
For written notarization or authentication of contracts or transactions with two pages or more, each page must be ordinally numbered, initialed by the notarization or authentication requesters and performers, except for the last page, which must be fully signed; the number of pages must be inscribed at the end of the documents; written notarization or authentication with two or more pages must be affixed with page-overlapping stamp, with 10 or more pages must also be perforated for binding and sealing.
Article 60.- Notarization dossiers, authentication dossiers
1. The notarization dossier, authentication dossier shall include: The ticket requesting the notarization or authentication; the original of the document to be notarized or authenticated, together with the copies of papers already produced by the notarization or authentication requesters, verification papers and other relevant papers, if any.
2. Each dossier must be numbered according to the temporal order compatible with the inscription in the notarization, authentication books, ensuring easy consultation.
Article 61.- Notarization book, authentication book
1. Each notarization or authentication must be inscribed in books under the guidance of the Justice Ministry.
2. The books of a Notary Public office shall include: The book for notarization of contracts, transactions, the book for notarization of copies of papers; the book for notarization of the translations of papers and the book for notarization of signatures.
The books of the district-level People’s Committee shall include the book for authentication of copies of papers, the book for authentication of signatures and the book for authentication of contracts, transactions.
The books of the communal-level People’s Committee shall include the book for authentication of signatures and the book for authentication of testaments, written refusals to take estate.
3. In cases where other notarizations or authentications arise as provided for at Point g, Clause 1, Article 21; Point f, Clause 1, Article 22 and Point c, Clause 1, Article 24 of this Decree, the Justice Ministry shall guide the book entry.
Article 62.- Archival regime
1. Notarization dossiers, authentication dossiers, notarization books and authentication books must be strictly preserved and archived for a long time at the State agencies with notarization or authentication competence, except for cases prescribed in Clause 3 of this Article.
Apart from archiving the notarization dossiers or authentication dossiers, the State agencies with notarization or authentication competence should put the notarization or authentication of contracts and/or transactions into computers.
2. The State agencies with notarization or authentication competence must apply measures to ensure safety against fires, moistures, termites, moths for notarization dossiers and books as well as authentication books.
3. The time limit for archiving dossiers on copies, dossiers on translation of papers shall be 5 years as from the time of notarization or authentication.
4. Where competent State agencies request in writing the supply of notarization dossiers or authentication dossiers in service of examination, inspection, investigation, prosecution or adjudication related to matters already notarized or authenticated, the State agencies with the notarization or authentication competence shall have so supply copies of the notarized documents or authenticated documents and other relevant papers. The comparison between the copies of the notarized documents or authenticated documents and the originals shall be effected only at the offices of the State agencies with the notarization or authentication competence where the dossiers are kept.
Article 63.- Destruction of dossiers on copies, dossiers on translation of papers
1. The dossiers on copies, the dossiers on translation of papers, upon their expiry, shall be destroyed periodically once a year at the year-end; where the dossiers are in great volume, an additional destruction may be carried out in the middle of the year. For the destruction of dossiers on copies, dossiers on translation of papers, there must be the destruction council.
2. The council for destruction of dossiers on copies at the district-level People’s Committee shall be composed of the head or deputy-head of the Justice Section, the notary in charge of the archive of the district-level People’s Committee, the representative of the provincial-level archive office and the representative of the provincial/municipal Justice Service, as its members; the president or vice-president of the district-level People’s Committee as the council chairman. The president of the district-level People’s Committee shall issue the decision on setting up the council.
The council for destruction of dossiers on copies, dossiers on translation of papers at the Notary Public office shall be composed of the head or deputy- head of the Notary Public office, the notary in charge of archive at the Notary Public office, head of the office of the provincial/municipal Justice Service and the representative of the provincial-level archive office, as its members; the director or deputy-director of the provincial/municipal Justice Service as the council chairman. The director of the provincial/municipal Justice Service shall issue decision on setting up the council.
3. The destruction of copy dossiers, paper-translation dossiers must be made in written records signed by all members of the council and comply with the law provisions on archive; the records must clearly inscribe the destruction of dossiers from which serial number to which serial number, in which book.
Chapter IX
SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS, COMMENDATION AND HANDLING OF VIOLATIONS
Article 64.- The notarization or authentication requesters� rights to complain
The notarization or authentication requesters may complain about the notarization or authentication refusal in contravention of law provisions.
Article 65.- Competence and time limits for settling complaints by the communal-level People�s Committees
1. The presidents of the communal-level People’s Committees shall settle first-time complaints about refusal of authentication which falls under the competence of the communal-level People’s Committees, within 5 working days after the receipt of the complaints for settlement.
2. If the authentication requesters disagree with the settlement of complaints by the communal-level People’s Committee presidents, they may further complain to the district-level People’s Committee presidents. In case of further complaints, the authentication requesters must forward their applications enclosed with the copies of the complaint-settling decisions of the communal-level People’s Committee presidents and relevant documents ( if any) to the district-level People’s Committee presidents.
Within 10 working days after the receipt of application for settlement of further complaints, the district-level People’s Committee presidents shall have to settle them and notify such in writing to the complainants and the communal-level People’s Committee presidents who previously settled the complaints.
3. If the authentication requesters disagree with the complaint settlement by the district-level People’s Committee presidents, they may further complain to the provincial-level People’s Committee presidents. For this case, the complainants shall have to file their applications together with the copies of the complaint- settling decisions of the presidents of the district-level and communal-level People’s Committees as well as relevant documents (if any) to the provincial-level People’s Committee presidents.
Within 20 working days after the receipt of applications for further settlement of complaints, the provincial-level People’s Committee presidents shall have to settle them and notify such in writing to the complainants and the presidents of the district-level and communal-level People’s Committees who previously settled the complaints. The complaint- settling decisions of the provincial-level People’s Committee presidents shall be the final decisions.
4. For complicated complaints about authentication, the time limits for settlement thereof by presidents of the district-and provincial-level People’s Committees may be prolonged but shall not exceed 30 days as from the date of receipt of complaints for settlement.
Article 66.- Competence and time limits for settlement of complaints by district-level Justice Sections
1. The heads of the district-level Justice Sections, who are authorized by the district-level People’s Committee presidents to perform the authentication prescribed in Clause 2, Article 22 of this Decree, shall settle the first-time complaints about the refusal of authentication under their competence, within 5 working days after the receipt of complaints for settlement.
2. If the authentication requesters disagree with the settlement of complaints by the heads of the district-level Justice Sections, they may further complain to the district-level People’s Committee presidents. For this case, the complainants shall have to file their applications together with the copies of the complaint-settling decisions of the heads of the district-level Justice Sections and relevant documents (if any) to the district-level People’s Committee presidents.
Within 10 working days after the receipt of written complaints for settlement, the district-level People’s Committee presidents shall have to settle them and notify such in writing to the complainants and the heads of the district-level Justice Sections, who previously settled the complaints.
3. If the authentication requesters disagree with the settlement of complaints by the district-level People’s Committee presidents, they may further complain to the provincial-level People’s Committee presidents.
Within 30 working days after the receipt of written complaints for settlement, the provincial-level People’s Committee presidents shall have to settle them and notify such in writing to the complainants and the district-level People’s Committee presidents who previously settled the complaints. The complaint-settling decisions of the provincial-level People’s Committee presidents shall be the final ones.
4. For complicated complaints about authentication, the time limits for settlement of complaints by the provincial-level People’s Committee presidents may be prolonged but shall not exceed 60 days after the receipt of written complaints for settlement.
Article 67.- Competence and time limits for complaint settlement by heads of the Notary Public offices
1. The heads of the Notary Public offices shall settle first-time complaints about the refusal of notarization under the competence of the Notary Public offices, within 5 working days as from the date of receipt of written complaints for settlement.
2. If the complainants disagree with the complaint-settling decisions of the heads of the Notary Public offices, they may further complain to the directors of the provincial/municipal Justice Services. In this case, the complainants must file their applications together with the copies of the complaint-settling decisions of the heads of the Notary Public offices and relevant documents (if any) to the directors of the provincial/municipal Justice Services.
Within 10 working days after the receipt of written complaints for settlement, the directors of the provincial/municipal Justice Services shall have to settle them and notify such in writing to the notarization requesters and the heads of the Notary offices who previously settled the complaints.
3. If the notarization requesters disagree with the settlement by the Justice Service directors, they may further complain to the Justice Minister. In this case, the complainants shall have to file their applications together with the copies of the complaint-settling decisions of the Justice Service directors and the Notary Public office heads as well as relevant documents (if any) to the Justice Minister.
Within 30 working days after the receipt of written complaints for settlement, the Justice Minister shall have to settle them and notify such in writing to the complainants and the Justice Service directors as well as the Notary Public office heads who previously settled the complaints. The complaint-settling decisions of the Justice Minister shall be the final ones.
4. For complicated complaints about notarization, the time limits for complaint settlement by Justice Service directors or the Justice Minister may be prolonged but shall not exceed 60 days after the receipt of written complaints for settlement.
Article 68.- Competence and time limits for complaint settlement by Vietnamese representations abroad
1. Heads of the Vietnamese representations overseas shall settle first-time complaints about the refusal of notarization under the overseas Vietnamese representations’ competence, within 5 working days after the receipt of written complaints for settlement.
2. If the notarization requesters disagree with the complaint settlement by heads of the overseas Vietnamese representations, they may further complain to the Foreign Minister. In this case, the complainants shall have to file their applications together with the copies of the complaint- settling decisions of the heads of the overseas Vietnamese representations and relevant documents (if any) to the Foreign Minister.
Within 10 working days after the receipt of written complaints for settlement, the Foreign Minister shall have to settle them and notify such in writing to the complainants and the heads of the overseas Vietnamese representations who previously settled the complaints. The Foreign Minister’s decisions shall be the final ones.
For complicated complaints about notarization, the time limit for complaint settlement by the Foreign Minister may be prolonged but shall not exceed 20 days after the receipt of written complaints for settlement.
Article 69.- Notarization or authentication requesters’ right to initiate lawsuits
Where the notarization or authentication requesters disagree with the settlement of the first-time complaints by competent agencies prescribed in Articles 65,66,67 and 68 of this Decree, they may initiate lawsuits at competent courts according to law provisions on the procedures for settlement of administrative cases.
Article 70.- Settlement of denunciations
The denunciations of illegal acts committed by notarization or authentication performers shall comply with the provisions of legislation on denunciations.
Article 71.- Commendation and reward
Notarization and authentication performers who record achievements in the performance of notarization and authentication shall be commended and/or rewarded according to law provisions on commendation and reward.
Article 72.- Handling of violations
1. While performing their duties or exercising their powers regarding notarization or authentication, any notarization or authentication performers or translators being collaborators of Notary Public offices, who unintentionally due to irresponsibility or intentionally act against the provisions of this Decree and other law provisions on notarization and authentication, may, depending on the seriousness of their violations, be disciplined or examined for penal liability; if damage is caused, compensation must be paid therefor according to law provisions.
2. Any notarization or authentication requesters who commit acts of modifying papers, using fake papers when requesting notarization or authentication, may, depending on the seriousness of their violations, be administratively handled or examined for penal liability according to law provisions.
Chapter X
FINAL PROVISIONS
Article 73.- Granting and use of copies of papers
1. Copies of papers, issued simultaneously with the originals or from the original books with validity like the copies shall be notarized or authenticated according to the provisions of this Decree.
2. Those who have been granted the originals of diplomas, certificates and other papers may request the schools, educational and training establishments to grant the copies of such papers; the schools and educational and training establishments which have granted the originals shall have to grant them the copies thereof. The Ministry of Education and Training shall have to guide schools, educational and training establishments throughout the country in granting the copies of diplomas, certificates and other papers.
Agencies and organizations which have granted the originals of papers may grant the copies thereof.
3. The requesters may file their request for the granting of copies of papers to the agencies or organizations which have granted the originals through post office; they must also send the fees therefor, if so prescribed by law.
Within 3 working days after the receipt of the request, the concerned agencies or organizations shall have to grant them the copies thereof.
4. Agencies and organizations, when receiving papers which require the presentation of the originals thereof for comparison, shall have to personally compare the duplicates with the originals, and must not demand the submission of the notarized or authenticated copies thereof.
Article 74.- Provisions on transition
1. Notary Public offices set up under the provisions of Decree No.45/HDBT of February 27, 1991 of the Council of Minister on organization and operation of the State Notary Public, Decree No.31/CP of may 18, 1996 of the Government on organization and operation of the State Notary Public may continue to operate. In cases where the Notary Public offices have not yet satisfied the criteria and conditions prescribed in Article 26 of this Decree, the presidents of the provincial-level People’s Committees shall have to coordinate with the Justice Ministry in strengthening reorganizing such Notary Public offices within one year after this Decree takes effect.
2. Persons who are appointed notaries according to the provisions of Decree No.45/HDBT and Decree No.31/CP mentioned above may continue to be recognized as notaries under the provisions of this Decree.
Article 75.- Implementation provisions
1. This Decree takes effect as from April 1, 2001 and replaces Decree No.31/CP of May 18, 1996 of the Government on organization and operation of the State Notary Public.
2. The Justice Minister shall have to guide the implementation of this Decree.
The minister-chairman of the Government’s Commission for Organization and Personnel, the Finance Minister, the Labor, War Invalid and Social Affair Minister and the Foreign Minister shall, within the scope of their respective tasks and powers, have to coordinate with the Justice Minister in guiding the implementation of this Decree.
3. The ministers, the heads of the ministerial-level agencies, the heads of agencies attached to the Government and the presidents of the provinces and centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT PRIME MINISTER Phan Van Khai |
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