Law on Notarization, No. 82/2006/QH11

LAW ON NOTARIZATION

(No. 82/2006/QH11)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

This Law provides for notarization.

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Law provides for the scope of notarization, notaries, notarization practice organizations, notarization procedures and state management of notarization.

Article 2.- Notarization

Notarization means an act whereby a notary certifies the authenticity and legality of written contracts or other transactions (below referred to as contracts or transactions) subject to notarization as prescribed by law or at the request of individuals or organizations of their own free will.

Article 3.- Principles for notarization practice

1. Observation of the Constitution and law.

2. Impartiality and honesty.

3. Assumption of responsibility before law for notarized documents.

4. Observance of the rules of conduct of the notarization profession.

Article 4.- Notarized documents

1. Written contracts or transactions notarized under this Law are referred to as notarized documents.

2. A notarized document consists of:

a/ Contract or transaction;

b/ Affirmation of a notary.

3. A notarized document takes effect on the date it is signed by a notary and is appended with the seal of a notarization practice organization.

Article 5.- Affirmations of notaries

An affirmation made by a notary must state the time and place of notarization, the full name of the notary, the name of the concerned notarization practice organization; certify that the person(s) entering into the contract or transaction is (are) of his/her/their own will and has (have) civil act capacity; the purpose and contents of the contract or transaction are not contrary to law and social ethics; the object(s) of the contract or transaction is (are) real; the signature(s) in the contract or transaction is (are) truly of the person(s) entering into that contract or transaction. Such affirmation must bear the notary’s signature and be appended with the seal of the notarization practice organization.

Article 6.- Legal validity of notarized documents

1. A notarized document is binding on all related parties. When one party fails to perform his/her duties, the other party may request a court to settle the case according to law, unless otherwise agreed upon by the parties to the contract or transaction.

2. A notarized document serves as a proof or evidence; circumstances and facts therein need not be proved unless they are declared invalid by a court.

Article 7.- Notaries

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

Article 8.- Persons in request for notarization

1. Persons in request for notarization may be Vietnamese or foreign individuals or organizations.

If a person in request for notarization is an organization, its request for notarization shall be filed via its at-law or authorized representative.

2. A person in request for notarization must have civil act capacity, produce all necessary papers related to notarization and take responsibility for the accuracy and legality of those papers.

Article 9.- Witnesses

1. When the law requires that the notarization must be witnessed or it does not require that but a person in request for notarization cannot read, hear, sign or press his/her fingerprints on documents, there must be a witness to notarization.

A witness is invited by the person in request for notarization or appointed by the notary.

2. A witness must satisfy all the following conditions:

a/ Being full 18 years of age or older, having full civil act capacity;

b/ Having no rights, benefits or asset liabilities related to notarization.

Article 10.- Spoken and written language used in notarization

The spoken and written language used in notarization is Vietnamese.

Article 11.- Responsibilities for state management of notarization

1. The Government shall perform the unified state management of notarization.

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

a/ To formulate and submit to the Government notarization development policies;

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

c/ To determine the framework notary training program, manage notary training; promulgate a regulation on notary internship and rules of conduct; appoint and dismiss notaries; and grant notary’s cards;

d/ To provide guidance on notarial operations; popularize and disseminate the law on notarization; supervise, inspect and handle violations, settle complaints and denunciations related to notarization;

e/ To review and report on notarization to the Government;

f/ To manage and effect international cooperation on notarization.

3. The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice in guiding, supervising and inspecting notarial operations of overseas diplomatic missions and consulates of the Socialist Republic of Vietnam (below collectively referred to as overseas Vietnamese representations) and organizing training courses on notarial operations for consuls and diplomats in charge of notarization.

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

5. People’s Committees of provinces or centrally run (below referred to as provincial-level People’s Committees) shall perform the state management of notarization in localities, and have the following tasks and powers:

a/ To take measures to develop notarization practice organizations in localities in order to satisfy the notarization needs of organizations and individuals; popularize and disseminate the law on notarization;

b/ To set up and dissolve notarial bureaus; decide or revoke decisions on the establishment of notarial offices; organize the grant and revocation of operation registration certificates of notarial offices;

c/ To ensure initial working facilities and equipment for notarial bureaus;

d/ To supervise, inspect and handle violations, and settle complaints and denunciations related to notarization;

e/ To review and make statistics on notarization in localities and send reports thereon to the Ministry of Justice.

Article 12.- Prohibited acts

1. A notary may not commit the following acts:

a/ Disclosing information on notarization contents which he/she knows in his/her practice, unless he/she obtains a written consent of the person in request for notarization or it is otherwise provided for by law; using such information to infringe upon others’ lawful rights and interests;

b/ Harassing, troubling the person in request for notarization;

c/ Receiving, soliciting any sum of money or other considerations from the person in request for notarization besides the notarization charge, remuneration and other expenses which have been determined or agreed upon;

d/ Performing notarization of contracts or transactions with their purposes and contents contrary to law or social ethics; notarization in relation to property or benefits of his/her own or his/her relatives who may be his/her spouse, parents, parents in-law, adoptive parents, children, adopted children, daughters or sons in-law, grandparents or grandparents in-law, blood siblings or siblings in-law or children of his/her daughters or sons or adopted daughters or sons.

2. A person in request for notarization is strictly prohibited from supplying untruthful information or documents.

3. A witness is strictly prohibited from committing deceitful or dishonest acts.

4. Agencies, organizations and individuals are strictly prohibited from obstructing notarial operations.

Chapter II

NOTARIES

Article 13.- Criteria for notaries

1. A Vietnamese citizen who resides in Vietnam, is loyal to the Fatherland, observes the Constitution and law, has good moral qualities and meets all the following criteria may be considered and appointed as notary:

a/ Having a bachelor degree in law;

b/ Having at least five years’ working in the legal profession at agencies or organizations;

c/ Having a notary training certificate;

d/ Having passed the notarial internship period;

e/ Being physically fit to practice the notarial profession.

2. The notary training and notarial internship period is included in the duration of performing legal work.

Article 14.- Notary training

1. A holder of a bachelor degree in law may register for attending a notary training course at a notary training institution.

2. A notary training course lasts for 6 months.

A person who completes a notary training program is granted a notary training certificate by the notary training institution.

3. The Minister of Justice shall provide for the framework program of notary training courses and the recognition of overseas notary training.

Article 15.- Persons exempted from notary training

1. Persons who have worked as judges, procurators or investigators; or lawyers who have practiced law for three years or more.

2. Professors, associate professors in law, doctors of law.

3. Persons who have worked as senior examiners of courts, senior inspectors of procuracies; senior experts, researchers or lecturers in law.

Article 16.- Notarial internship

1. A person possessing a notary training certificate may work as an intern at a notarization practice organization. The notarial internship period is 12 months, counting from the date he/she starts the internship at the notarization practice organization. A notarial intern shall register at the Justice Service of the province or city where the notarization practice organization accepting his/her internship is located.

2. A person may personally contact a notarization practice organization for internship or request the provincial/municipal Justice Service to arrange his/her internship at a notarization practice organization.

3. A notarial intern may perform notarial jobs assigned by a supervisory notary and takes responsibility before that notary for those jobs, but may not sign notarized documents.

Upon the end of the internship period, the notarial intern shall send a report on the internship results enclosed with the supervisory notary’s remarks on his/her professional ability and conducts to the provincial/municipal Justice Service where he/she registers his/her internship.

Article 17.- Persons exempted from notarial internship

Persons exempted from notary training defined in Article 15 of this Law are exempted from notarial internship.

Article 18.- Appointment of notaries

1. A person who has completed notarial internship may request the Minister of Justice to appoint him/her as notary. A dossier of application for appointment as notary shall be addressed to the Justice Service in the locality where the applicant registers his/her internship, comprising:

a/ An application for appointment as notary;

b/ A copy of the bachelor or master degree in law;

c/ Papers proving the period of working in the legal profession;

d/ A copy of the notary training certificate;

e/ A report on notarial internship results with the supervisory notary’s remarks;

f/ A curriculum vitae;

g/ A health certificate.

2. Persons exempted from notary training or notarial internship may request the Minister of Justice to appoint them as notaries. A dossier of application for appointment shall be addressed to the Ministry of Justice, comprising:

a/ An application for appointment as notary;

b/ A copy of the bachelor or master or doctoral degree in law;

c/ Papers proving that the applicant is exempt from notary training or notarial internship;

d/ Papers proving the period of working in the legal profession;

e/ A curriculum vitae;

f/ A health certificate.

3. Within 10 working days after receiving a complete dossier of application for appointment as notary defined in Clause 1 of this Article, the provincial/municipal Justice Service shall send a written proposal on appointment as notary enclosed with the dossier to the Minister of Justice; in case of refusal, it shall notify the applicant thereof in writing, stating the reason therefor. The refused applicant may make complaint in accordance with law.

4. Within 20 days after receiving a complete dossier of application for appointment as notary, the Minister of Justice shall consider and decide on the appointment as a notary; in case of refusal, he/she shall notify the provincial/municipal Justice Service and the applicant thereof in writing, stating the reasons therefor. The refused applicant may make complaint in accordance with law.

The person appointed as notary shall be granted a notary’s card by the Minister of Justice.

Article 19.- Persons who may not be appointed as notaries

1. Persons who are subject to penal liability examination; or have been convicted for unintentional offenses and have not yet had such criminal record remitted; or have been convicted for intentional offenses.

2. Persons who are serving other administrative sanctions under the law on handling of administrative violations.

3. Persons with no or restricted civil act capacity.

4. Cadres or civil servants who have been discharged from their jobs.

5. Persons who have law practice certificates revoked due to being subjected to the discipline in the form of deletion of their names from the roll of the bar association or deprivation of the right to use the law practice certificate.

Article 20.- Relief from the post of notary

1. A notary is allowed to withdraw from the post of notary at his/her own will or because he/she is transferred to another job.

2. A notary is relieved from the post of notary in the following cases:

a/ No longer meeting the notary’s criteria specified in Article 13 of this Law;

b/ Having no or restricted civil act capacity;

c/ Concurrently performing other jobs;

d/ Failing to practice for two or more years since the appointment as notary or for one full year or more;

e/ Having been administratively sanctioned twice in his/her practice but still committing violations or been disciplined in the form of caution or a tougher form of discipline twice but still committing violations or having been disciplined in the form of dismissal;

f/ Being convicted under an effective court judgment.

3. The Minister of Justice shall, by himself/herself or at the proposal of the Justice Service of the locality where a notary is practicing or of the Justice Service which has proposed the appointment of the notary, in case a notary has not yet begun his/her practice, decide on the relief of that notary from the post of notary.

A dossier of proposal for the relief of a notary from the post of notary in the case specified in Clause 1 of this Article must be enclosed with the notary’s request and the written proposal of the provincial/municipal Justice Service.

A provincial/municipal Justice Service’s dossier of proposal for the relief of a notary from the post of notary in the case specified in Clause 2 of this Article must be enclosed with the written proposal of the provincial/municipal Justice Service and relevant documents substantiating the proposal.

4. Within 10 working days after receiving a dossier of proposal for the relief of a notary from the post of notary, the Minister of Justice shall consider and decide the relief and the revocation of the notary’s card.

Article 21.- Suspension of notarization practice

1. The provincial/municipal Justice Service may decide to suspend a notary from practice in one of the cases specified at Points a, b, c, d and e, Clause 2, Article 20 of this Law or when the notary is being subjected to penal liability examination or serving another administrative sanction under the law on handling of administrative violations.

2. The provincial/municipal Justice Service may decide to cancel a decision on suspension of a notary from practice in the following cases:

a/ He/she no longer falls in one of the cases specified at Point a, b, c or e, Clause 2, Article 20 of this Law;

b/ Upon the issuance of a decision to terminate the investigation or the case or the entry into force of a court ruling on his/her acquittal;

c/ He/she is no longer subject to another administrative sanction in accordance with the law on the handling of administrative violations.

3. The decision on suspension of a notary from practice or the decision on its cancellation shall be sent to the notary concerned, the notarization practice organization where the notary works, the provincial-level People’s Committee and the Justice Service.

Article 22.- Rights and obligations of notaries

1. A notary has the following rights:

a/ To select a place for his/her practice, except for those working at notarial bureaus;

b/ To request related individuals, agencies and organizations to supply information and documents in order to conduct notarization;

c/ Other rights as provided for by this Law.

2. A notary has the following duties:

a/ To observe the principles of notarization practice;

b/ To respect and protect lawful rights and interests of persons in request for notarization;

c/ To keep secret notarized contents, unless otherwise agreed in writing by the person in request for notarization or provided for by law;

d/ To practice at a notarization practice organization.

Chapter III

NOTARIZATION PRACTICE ORGANIZATION

Article 23.- Forms of notarization practice organization

1. Notarial bureaus.

2. Notarial offices.

Article 24.- Notarial bureaus

1. Notarial bureaus shall be set up under decisions of provincial-level People’s Committees.

2. Notarial bureaus are non-business units under provincial/municipal Justice Services, having their own head-office, seals and bank accounts.

The at-law representative of a notarial bureau is the bureau’s head who must be a notary and appointed, relieved from the post of notary or dismissed by the provincial-level People’s Committee president.

The Government shall provide the financial regime and seals for notarial bureaus.

3. The name of a notarial bureau consists of the number of its establishment and the name of the province or centrally run city where it is established.

Article 25.- Establishment of notarial bureaus

1. In light of the local notarization need, the provincial/municipal Justice Service shall formulate a scheme on the establishment of a notarial bureau to be submitted to the People’s Committee for consideration and decision. The scheme must state the necessity of the establishment, the expected organization, name, staff and venue of the notarial bureau, material conditions and implementation plan.

2. Within 30 days after obtaining a decision on the establishment of a notarial bureau, the provincial/municipal Justice Service shall publish the following contents in three consecutive issues of a central newspaper or a newspaper of the locality where the notarial bureau is to be located:

a/ The name and address of the head office of the notarial bureau;

b/ The number and date of the establishment decision and the date of commencement of the notarial bureau’s operation.

3. When the provincial-level People’s Committee decides on changes of the name or head office of the notarial bureau, the provincial/municipal Justice Service shall publish such changes in accordance with Clause 2 of this Article.

Article 26.- Notarial offices

1. Notarial offices are set up by notaries.

A notarial office set up by a notary is organized and operates in the form of a private enterprise. A notarial office set up by two or more notaries and operates in the form of a partnership.

The at-law representative of a notarial office is the chief of the office, who must be a notary.

2. A notarial office has its own head office, seal and bank account; operates on the principle of financial autonomy with funds contributed by notaries, notarization charges and remunerations and other lawful revenues.

The Government shall provide for seals of notarial offices.

3. The name of a notarial office is selected by the notary(ies) but must include the phrase “notarial office” (Van phong cong chung), must not be identical to or cause confusion with the name of another notarization practice organization, must not contain words or symbols in violation of the historical, cultural and moral traditions and fine customs of the nation.

Article 27.- Establishment and registration of operation of notarial offices

1. A notary founding a notarial office shall file a dossier of application to the provincial-level People’s Committee. Such a dossier comprises:

a/ An application for setting up a notarial office;

b/ A scheme on setting up the notarial office, stating its necessity, expected organization, name, staff, venue of the office, material conditions and implementation plan;

c/ A copy of the decision on appointment as notary.

2. Within 20 working days after receiving a complete dossier of application for setting up a notarial office, the provincial-level People’s Committee shall consider and decide to permit it. In case of refusal, it must issue a written notice, stating the reasons therefor. The refused applicant may make complaint in accordance with law.

3. Within 90 days after receiving a decision permitting its setting up, the notarial office shall register its operation at the provincial/municipal Justice Service of the locality where its setting up is permitted. The operation registration requires an application, papers proving the venue of the office in the locality where the setting-up decision is issued.

Within 10 working days after receiving operation registration papers, the provincial/municipal Justice Service shall issue an operation registration certificate for the notarial office; in case of refusal, it shall issue a written notice, stating the reasons therefor. The refused applicant may make complaint in accordance with law.

The notarial office may start operation on the date the provincial/municipal Justice Service issues the operation registration certificate.

4. If a notarial office fails to operate within six months after receiving an operation registration certificate, or does not operate for three or more consecutive months, the provincial/municipal Justice Service shall revoke its operation registration certificate.

5. If a notarial office fails to register operation within 90 days after receiving the decision permitting its setting up, or if its operation registration certificate is revoked, the provincial-level People’s Committee shall withdraw its setting-up decision.

Article 28.- Changes in contents of operation registration of a notarial office

In case of change of its venue, name or roll of notaries, a notarial office shall immediately notify it to the provincial/municipal Justice Service where the notarial office registers its operation.

In case of change of its venue or name, a notarial office is re-granted the operation registration certificate.

Article 29.- Supply of information on operation registration contents of notarial offices

Within 10 working days after granting or re-granting an operation registration certificate to a notarial office due to change of its venue or name, the provincial/municipal Justice Service shall notify in writing the provincial-level tax office, statistics office and police office, the People’s Committee of the urban district, rural district, provincial town or city and the People’s Committee of the commune, ward or township where the notarial office is based.

Article 30.- Publication of operation registration contents of notarial offices on newspapers

1. Within 30 days after getting an operation registration certificate, a notarial office shall publish in three consecutive issues of a central newspaper or a newspaper of the locality where it registers its operation the following contents:

a/ Its name and address;

b/ The full name(s) and number(s) of the appointment decision(s) of the notary(ies) working at the office;

c/ The number and date of the grant of the operation registration certificate, the place of operation registration and the date of commencement of operation.

2. When the operation registration certificate is re-granted due to change of its venue or name, a notarial office shall publish the contents of the re-granted operation registration certificate under the provisions of Clause 1 of this Article.

Article 31.- Rights of a notarization practice organization

1. To recruit its employees.

2. To collect notarization charges, remunerations and other expenses.

3. Other rights as provided for by this Law and relevant laws.

Article 32.- Obligations of a notarization practice organization

1. To post up at its head office the working timetable, notarization procedures, charges and remunerations as well as rules for receiving persons in request for notarization.

2. To operate according to working days and hours prescribed for state administrative agencies.

3. To observe the laws on labor, tax, finance and statistics.

4. To observe competent state agencies’ requirements on reporting, supervision and inspection.

5. To pay compensation for damage caused by its notaries to persons in request for notarization.

6. To keep notarial records.

7. Notarial offices are obliged to buy professional liability insurance for their notaries.

8. Other obligations as provided for by this Law and relevant laws.

Article 33.- Dissolution of notarial bureaus

1. When it is unnecessary to maintain a notarial bureau, the provincial/municipal Justice Service shall formulate a scheme on dissolution of the notarial bureau and report it to the provincial-level People’s Committee for consideration and decision.

A notarial bureau may be dissolved only after paying debts and completing procedures for termination of labor contracts already signed with its employees, and fulfilling all the received notarization requests.

2. Within 15 days after the provincial-level People’s Committee issues the decision to dissolve a notarial bureau, the provincial/municipal Justice Service shall announce the dissolution in two consecutive issues of a central or local newspaper.

Article 34.- Termination of operation of notarial offices

1. A notarial office shall terminate operation in the following cases:

a/ It terminates operation of its free will;

b/ Its operation registration certificate is revoked because it breaches law or has no notary since he/she has been relieved from his/her post.

2. In case of termination of operation under the provisions of Point a, Clause 1 of this Article, at least 30 days before its expected time of termination, a notarial office shall notify such in writing to the provincial/municipal Justice Service where it registers its operation.

The notarial office is obliged to pay debts and carry out procedures for termination of labor contracts already signed with its employees, implement the received notarization requests and publish in two consecutive issues of a central or local newspaper the expected time of termination of its operation.

The provincial/municipal Justice Service shall notify in writing the agencies defined in Article 29 of this Law of the termination of operation of a notarial office.

3. When a notarial office terminates operation under the provisions of Point b, Clause 1 of this Article, within seven working days after revoking its operation registration certificate, the provincial/municipal Justice Service shall notify such in writing to the agencies defined in Article 29 of this Law.

A notarial office is obliged to pay its debts and carry out labor contracts already signed with its employees; with regard to the received notarization requests which it has not implemented yet, it shall return the request dossiers to the person in request for notarization and announce the termination of its operation in two consecutive issues of a central or local newspaper.

Chapter IV

PROCEDURES FOR NOTARIZATION OF CONTRACTS AND TRANSACTIONS

Section 1. GENERAL PROCEDURES FOR NOTARIZATION OF CONTRACTS AND TRANSACTIONS

Article 35.- Notarization of ready-made contracts, transactions

1. A person in request for notarization shall file a dossier set of request for notarization, comprising the following papers:

a/ A card of request for notarization of a contract or transaction, made according to the set form;

b/ The draft contract or transaction;

c/ A copy of the personal identity paper;

d/ A copy of the ownership certificate or use right certificate or its substitute paper as required by law for assets the ownership or use right of which must be registered, in case the contract or transaction relates to those assets;

e/ Copies of other papers related to the contract or transaction as required by law.

2. Copies defined in Clause 1 of this Article mean photocopied, printed or typewritten copies, which must have full and accurate contents as the originals and need no authentication.

When submitting copies, the person in request for notarization shall produce their originals for comparison.

3. A notary shall receive the dossier of request for notarization and check papers in it. When the dossier is complete and valid as prescribed by law, he/she shall accept it and record his/her acceptance in the notarial book.

4. When having grounds to believe that the dossier of request for notarization contains unclear matters, the contract or transaction was signed under threat or coercion, or having doubts about the civil act capacity of the person in request for notarization or the existence of the object of the contract or transaction, the notary may request the person in request for notarization to clarify the matters or, at the request of the person in request for notarization, conduct verification or ask for assessment; if the matters cannot be clarified, the notary may refuse to conduct notarization.

5. The notary shall check the draft contract or transaction; if the draft contains some provisions contrary to law or social ethics or the object of the contract or transaction is inconsistent with reality, the notary shall point them out for the person in request for notarization to modify. In case the person in request for notarization fails to make modification, the notary may refuse to conduct notarization.

6. The person in request for notarization shall him/herself read again the draft contract or transaction or the notary reads it to him/her. If the person in request for notarization agrees with the whole contents of the draft, he/she shall sign on every page of the draft. The notary shall write the affirmation and also sign on every page of the draft.

Article 36.- Notarization of contracts or transactions drafted by notaries at the request of persons in request for notarization

1. A person in request for notarization shall file a dossier set as prescribed at Points a, c, d and e, Clause 1, Article 35 of this Law and state the contents of, and the intention of concluding, the contract or transaction.

2. A notary shall perform the jobs specified in Clauses 2, 3 and 4, Article 35 of this Law.

When the contents of, and the intention of concluding, the contract or transaction are genuine, lawful and compliant with social ethics, the notary shall draft the contract or transaction.

3. The person in request for notarization shall himself/herself read the draft contract or transaction or the notary shall read it to him/her. If the person in request for notarization agrees with the whole contents of the draft, he/she shall sign on every page of the draft. The notary shall write his/her affirmation and sign on every page of the draft.

Article 37.- Competence for notarization of real estate contracts or transactions

1. A notary of a notarization practice organization may notarize real estate contracts and transactions within the province or centrally run city where the organization is headquartered, except for the case specified in Clause 2 of this Article.

2. Notaries of notarization practice organizations may notarize testaments or documents on disclaimer of estate being a real estate.

Article 38.- Notarization time limit

1. The notarization time limit is counted from the date a notarization practice organization receives a full dossier of request for notarization till the time it gives the notarization results. The time of verification and assessment is not included in the notarization time limit.

2. The notarization time limit is two working days at most; for complicated contracts or transactions, this time limit may be longer but does not exceed 10 working days.

Article 39.- Notarization places

1. Notarization must be conducted at the head office of a notarization practice organization, except for cases specified in Clause 2 of this Article.

2. Notarization may be conducted outside the head office of a notarization practice organization if the person in request for notarization is old and weak and cannot move, is being kept in custody or in prison or has other plausible reasons that he/she cannot come to the head office of the notarization practice organization.

Article 40.- Scripts in notarized documents

1. Scripts in notarized documents must be clear and legible, must use no abbreviations and symbols, must not be written between two lines or overwritten, must not be erased or left blank, unless otherwise provided for by law.

2. The time of notarization must be expressed in date, month and year; the hour and minute may also be indicated if requested by a person in request for notarization or deemed necessary by the notary. Numbers must be written in both figures and words, unless otherwise provided for by law.

Article 41.- Signatures and fingerprints on notarized documents

1. Persons in request for notarization and witnesses shall sign notarized documents before notaries.

When a person competent to enter into contracts of a credit institution or another enterprise has registered his/her specimen signature at the notarization practice organization, he/she may sign the contract beforehand; a notary shall compare that signature with the specimen signature before conducting notarization.

2. When a person in request for notarization or a witness cannot sign notarized documents because he/she is physically disabled or does not know how to sign, his/her fingerprint may be used instead of signature. For his/her fingerprint, the person in request for notarization or the witness shall use his/her right forefinger; if he/she cannot use the right forefinger, he/she may use the left forefinger; if he/she cannot use both forefingers, he/she may use another finger and which finger of which hand is used must be stated in the documents.

3. Both fingerprint and signature may be used in the following cases:

a/ Notarization of testaments;

b/ At the request of the person in request for notarization;

c/ The notary finds it necessary to protect the interests of the person in request for notarization.

Article 42.- Pagination of notarized documents

A notarized document with two or more pages must be paginated. For a notarized document with two or more sheets, every two adjoining sheets must be affixed with a seal on their inner edges.

Article 43.- Correction of technical errors in notarized documents

1. Technical errors means recording, typing or printing mistakes in notarized documents the correction of which does not affect the rights and obligations of parties to contracts or transactions.

2. The corrector of technical errors in notarized documents must be a notary of a notarization practice organization that has notarized the documents. If the notarization practice organization which conducted the notarization has terminated its operation or has been dissolved, a notary of the notarization practice organization that is keeping the notarial records shall correct errors.

3. In correcting technical errors in notarized documents, a notary shall match each error with papers in the notarial records, underline the errors to be corrected, write the correct words or numbers on the page margin, then sign and append the seal of the notarization practice organization thereon. The notary is responsible for notifying the parties to the contract or transaction of the correction of technical errors.

Article 44.- Notarization of the modification, supplementation or cancellation of contracts or transactions

1. The modification, supplementation or cancellation of a notarized contract or transaction may be effected only with the written agreements or commitments of all parties to that contract or transaction, and must be notarized.

2. The person who notarizes the modification, supplementation or cancellation of a contract or transaction must be a notary of a notarization practice organization that has notarized the contract or transaction. In case the notarization practice organization which conducted the notarization has terminated operation or been dissolved, a notary of the notarization practice organization that is keeping the notarial records shall effect the modification, supplementation or cancellation of the contract or transaction.

3. Notarization of a modified, supplemented or cancelled contract or transaction shall be conducted according to the procedures for notarization of contracts and transactions provided for in Chapter IV of this Law.

Article 45.- Persons entitled to request courts to declare notarized documents invalid

Notaries, persons in request for notarization, witnesses, persons with related rights and interests and competent state agencies may request courts to declare notarized documents invalid when having grounds to believe that the notarization is in violation of law.

Section 2. PROCEDURES FOR NOTARIZATION OF REAL ESTATE MORTGAGE CONTRACTS, TESTAMENTS, WRITTEN AGREEMENTS ON DIVISION OF ESTATE, WRITTEN DECLARATIONS FOR ACCEPTANCE, WRITTEN DISCLAIMERS OF ESTATE AND CUSTODY OF TESTAMENTS

Article 46.- Scope of application

Procedures for notarization of real estate mortgage contracts, testaments, written agreements on division of estate, written declarations for acceptance or written disclaimers of estate shall be carried out in accordance with the provisions of this Section and other provisions of Section 1 of this Chapter which are not contrary to the provisions of this Section.

Article 47.- Notarization of real estate mortgage contracts

1. Notaries of a notarization practice organization shall notarize real estate mortgage contracts within the province or centrally run city where exists the real estate, except for the case specified in Clause 2 of this Article.

2. If many real estates existing in different provinces or centrally run cities are mortgaged to secure the performance of one obligation, the notarization of that real estate mortgage contract may be conducted by a notary of a notarization practice organization based in the province or centrally run city where exists one of the real estates.

3. If a real estate has been mortgaged to secure the performance of one obligation and the mortgage contract has been notarized but that real estate is then furthered mortgaged to secure another obligation as permitted by law, a subsequent mortgage contract must be notarized by the notary who has notarized the first contract. In case the notary who has notarized the first mortgage contract has moved to work for another notarization practice organization, no longer practices notarization or cannot perform notarial jobs, a notary of the notarization practice organization that is keeping the mortgage contract shall notarize that subsequent contract.

Article 48.- Notarization of testaments

1. A testator must personally request notarization of his/her testament; must not authorize another person to request the notarization.

2. In case the notary doubts that a testator suffers from a mental disease or another disease that he/she is unable to perceive and control his/her acts or that the testament has been made deceitfully or under threat or coercion, the notary may refuse to notarize that testament or, at the testator’s request, conduct verification or ask for assessment.

In case the life of a testator is under threat, the person in request for notarization needs not show all the papers defined in Clause 1 of Article 35 of this Law but must state this fact in the notarized document.

3. If the testator wishes to amend, supplement, replace, cancel a part or the whole of a notarized testament, he/she may request any notary to effect that amendment, supplementation, replacement or cancellation. In case the testament is being kept at a notarization practice organization, the testator must notify that organization of the amendment, supplementation, replacement or cancellation of the testament.

Article 49.- Notarization of written agreements on division of estate

1. The heirs at law or under a testament which does not specify the portion of estate which each heir is entitled to may request notarization of their written agreement on division of estate.

In the written agreement on division of estate, an heir may donate the whole or part of his/her right to the estate to another heir.

2. In case the estate is land use rights or an asset of which the ownership right must be registered under law, the person in request for notarization shall produce papers proving the estate leaver’s land use rights or ownership right to that estate.

In case of inheritance by law, the person in request for notarization shall additionally produce papers proving the relationship between the estate leaver and the estate beneficiary under the provisions of the inheritance law.

In case of testamentary inheritance, the person in request for notarization shall also produce the testament.

3. A notary shall verify whether an estate leaver is the person having land use rights or asset ownership right and the person in request for notarizations are estate beneficiaries; if suspecting or having grounds to believe that the leaving of, and entitlement to, the estate is unlawful, the notary may reject the notarization request or conduct verification at the person in request for notarizations’ request.

4. A notarized written agreement on division of estate serves as a basis for competent state agencies to register the transfer of land use rights or asset ownership right to estate beneficiaries.

Article 50.- Notarization of written declarations on acceptance of estate

1. A sole estate beneficiary at law who agrees or co-beneficiaries at law who agree not to divide an estate may request notarization of his/her/their written declaration on acceptance of estate.

2. Notarization of a written disclaimer of estate shall be conducted under the provisions of Clauses 2, 3 and 4, Article 49 of this Law.

Article 51.- Notarization of written disclaimers of estate

An heir may request notarization of a written disclaimer of estate. In making such a request, the person in request for notarization shall produce his/her personal identity papers.

Article 52.- Custody of testaments

1. A testator may request a notarization practice organization to keep his/her testament in custody. When agreeing to keep the testament in custody, a notary shall seal off that testament before the testator, make out a receipt of custody and hand it to the testator.

2. If a notarization practice organization agrees to keep a testament in custody but then is dissolved or terminates its operation, it shall reach agreement with the testator on the transfer of the testament to another notarization practice organization for custody. When they cannot reach an agreement, the testament and custody charges shall be returned to the testator.

3. The announcement of a testament kept at a notarization practice organization shall be conducted in accordance with civil law.

Chapter V

PRESERVATION OF NOTARIAL RECORDS

Article 53.- Notarial records

1. A notarial record consists of a card of request for notarization of a contract or transaction, the original of the notarized document, copies of papers submitted by the person in request for notarization, papers of verification and assessment and related papers.

2. Notarial records must be numbered chronologically in conformity with the notarial register.

Article 54.- Provisions on preservation of notarial records

1. Notarization practice organizations shall strictly preserve notarial records and take security measures to protect those records.

2. The originals of notarized documents must be preserved for at least 20 years; other papers in notarial records must be preserved for at least 5 years.

3. When a competent state agency makes a written request for supply of notarial records in service of the supervision, inspection, examination, investigation, prosecution, trial or judgment execution related to notarized affairs, the concerned notarization practice organization shall supply copies of those documents and relevant papers. The comparison of copies of notarized documents with their originals may only be conducted at the notarization practice organization which keeps notarial records.

4. When a notarial bureau is dissolved, notarial records shall be transferred to another notarial bureau or a notarial office designated by the provincial/municipal Justice Service.

When a notarial office terminates operation, it shall reach agreement with another notarial office on the receipt of notarial records; if it cannot reach such agreement, it shall report to the provincial/municipal Justice Service for designation of a notarial bureau or another notarial office to receive notarial records.

Article 55.- Grant of copies of notarized documents

1. Copies of notarized documents may be granted in the following cases:

a/ At the request of competent agencies in the cases specified in Clause 3, Article 54 of this Law;

b/ At the request of parties to contracts or transactions and persons with rights and obligations related to the notarized contracts or transactions.

2. Copies of notarized documents are granted by the notarization practice organization which keeps the originals of those documents.

Chapter VI

NOTARIZATION CHARGES AND REMUNERATION

Article 56.- Notarization charges

1. Notarization charges include charges for notarizing contracts or transactions, charges for preserving testaments and charges for granting copies of notarized documents.

Persons who request notarization of contracts or transactions, preservation of testaments or grant of copies of notarized documents shall pay notarization charges.

2. The rates, collection, use and management of notarization charges shall comply with the provisions of law.

Article 57.- Notarization remuneration and other expenses

1. Persons in request for notarization shall pay remuneration when requesting notarization practice organizations to draft contracts or transactions, typewrite or make copies or perform other notarial jobs.

2. A person in request for notarization who requests verification, assessment or notarization to be conducted outside the head office of a notarization practice organization shall pay expenses therefor.

3. The remuneration level for each type of job specified in Clause 1 of this Article shall be set by notarization practice organizations.

The expense level specified in Clause 2 of this Article shall be agreed upon between persons in request for notarization and notarization practice organizations.

Chapter VII

HANDLING OF VIOLATIONS, COMPLAINT, AND SETTLEMENT OF DISPUTES

Article 58.- Handling of violations of notaries

A notary who violates the provisions of this Law shall, depending on the nature and severity of his/her violation, be disciplined, administratively sanctioned or examined for penal liability, and, if causing damage, pay compensation in accordance with law.

Article 59.- Handling of violations of notarization practice organizations

A notarization practice organization that violates the provisions of this Law shall be administratively sanctioned and, if causing damage, pay compensation in accordance with law.

Article 60.- Handling of persons who infringe upon lawful rights and interests of notaries or notarization practice organizations

Persons holding positions or powers who commit acts that infringe upon lawful rights and interests of notaries or notarization practice organizations or who obstruct notaries or notarization practice organizations to exercise their rights or perform their obligations shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability and, if causing damage, pay compensation in accordance with law.

Article 61.- Handling of individuals or organizations that practice notarization illegally

1. Individuals who fail to meet conditions for practicing notarization but still practice notarization in any forms must stop their violations, be administratively sanctioned or examined for penal liability, and, if causing damage, pay compensation in accordance with law.

2. Organizations that fail to meet conditions for practicing notarization but still practice notarization in any forms must stop their violations, be administratively sanctioned, and, if causing damage, pay compensation in accordance with law.

Article 62.- Handling of violations of persons in request for notarization

Persons in request for notarization who commit acts of modifying papers, using fake papers or commit other deceitful acts when requesting notarization shall, depending on the nature and severity of their violations, be administratively handled or examined for penal liability and, if causing damage, pay compensation in accordance with law.

Article 63.- Complaint

Persons in request for notarization may lodge complaints about refusal of notarization when having grounds to believe that such refusal is unlawful or infringes upon their lawful rights and interests.

The chief of a notarial bureau or head of a notarial office shall settle a complaint about refusal of notarization within 3 working days after receiving it. If disagreeing with his/her complaint settlement decision the complainant may further lodge the complaint to the director of the provincial/municipal Justice Service. Within 5 working days after receiving the complaint, the director of the provincial/municipal Justice Service shall settle it.

Article 64.- Settlement of disputes

In case a notarization-related dispute arises between a person in request for notarization and a notary or a notarization practice organization, the parties may initiate a lawsuit at a court for settlement.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 65.- Notarization by overseas Vietnamese representations

1. Overseas Vietnamese representations have the competence to notarize contracts and transactions in accordance with this Law and the consulate and diplomatic law, except for contracts on sale and purchase, conversion, transfer, donation, lease or mortgage of real estate, contracts on the contribution of capital with real estate, written agreements on division of estate and written declarations on acceptance of estate which is real estate.

2. Consuls or diplomats who conduct notarization must possess a bachelor’s degree in law or have received professional training in notarization.

3. Consuls or diplomats who conduct notarization in accordance with the procedures in Chapter IV of this Law have the powers provided for at Points b and c, Clause 1, Article 22 of this Law and the duties specified at Points a, b and c, Clause 2, Article 22 of this Law.

Article 66.- Transitional provisions

1. Persons who are working as notaries may continue practicing notarization in accordance with this Law.

2. Within 6 months after this Law takes effect, notarial bureaus operating under the provisions of the Government’s Decree No. 75/2000/ND-CP of December 8, 2000, on notarization and authentication, must be transformed in accordance with this Law.

The Ministry of Justice shall assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, guiding the transformation of notarial bureaus.

3. Notarial bureaus which preserve notarial records shall continue preserving those records in accordance with this Law. The time limit of preserving notarial records shall be counted from the date this Law takes effect.

Article 67.- Implementation effect

This Law takes effect on July 1, 2007.

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

Chairman of the National Assembly
NGUYEN PHU TRONG