Law on Notarization, No. 46/2024/QH15

LAW

ON NOTARIZATION^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Notarization.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes notaries, notarial practice organizations, notarial practice, notarization procedures and state management of notarization.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Notarization means a public service performed by a notary of a notarial practice organization to certify the authenticity and legality of transactions that are subject to notarization as prescribed by law or as prescribed by the Government as assigned by law or as voluntarily requested by the concerned individuals and organizations.

Overseas diplomatic missions and consular offices of the Socialist Republic of Vietnam are permitted to notarize transactions according to Article 73 of this Law.

2. Notary means a person who meets the qualifications prescribed by this Law and is appointed by the Minister of Justice to conduct notarial practice and perform a number of certification tasks in accordance with the law on certification.

3. Notarization requester means a domestic individual or organization or a foreign individual or organization that participates in a transaction and requests notarization of the transaction in accordance with this Law.

4. Notarized document means a written transaction that has been notarized in accordance with this Law.

5. Notarial practice means a notary of a notarial practice organization performing the notarization in accordance with this Law and other relevant laws.

Article 3. Transactions subject to notarization

1. Transactions subject to notarization are important transactions that require a high level of legal security and must be notarized as provided by law or as prescribed by the Government as assigned by law.

2. The Ministry of Justice shall review, update and post the list of transactions subject to notarization and certification on the Portal of the Ministry of Justice.

Article 4. Social functions of notaries

Notaries provide public services under the authorization by the State, aiming to ensure legal security for the parties to transactions; prevent disputes; contribute to protecting lawful rights and interests of individuals and organizations; and ensure socio-economic stability and development.

Article 5. Principles of notarial practice

1. To abide by the Constitution and law.

2. To be objective and honest.

3. To abide by the Code of Ethics for Notarial Practice.

4. To be held responsible before law for notarial practice.

Article 6. Effect and validity of notarized documents

1. A notarized document shall be effective from the time it is signed by a notary and stamped by a notarial practice organization; the effect of electronically notarized documents must comply Clause 2, Article 64 of this Law.

2. Notarized documents shall be enforceable against related parties and serve as a basis for the parties to transactions to request competent state agencies to carry out procedures related to the notarized transactions.

3. Notarized documents have evidentiary value; the details and events in notarized documents do not need to be proven, unless they are declared null and void by the court.

Article 7. Spoken and written language used in notarization

The spoken and written language used in notarization is Vietnamese; in case the notarization requester uses a spoken or written language other than Vietnamese or uses the language of persons with disabilities, Vietnamese translation shall be required.

Article 8. Responsibilities for state management of notarization

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

2. The Ministry of Justice shall be held responsible before the Government for performing the state management of notarization nationwide.

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

4. People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) shall, within the ambit of their functions, tasks and powers, perform the state management of notarization in their localities.

Article 9. Prohibited acts

1. Notaries are prohibited from:

a/ Disclosing information about the content of notarization, unless notarization requesters so agree in writing or otherwise prescribed by law; using information about the content of notarization to infringe upon lawful rights and interests of individuals and organizations, or rights and interests of the State;

b/ Conducting notarization in case the purpose, subject or content of transactions violates law or social ethics; inciting or enabling parties to transactions to conduct fake transactions or other fraudulent acts;

c/ Notarizing transactions related to their property or interests or the property or interest of their relatives, including spouse; biological father, biological mother, adoptive father and adoptive mother; biological father, biological mother, adoptive father and adoptive mother of spouse; biological child, adopted child, daughter-in-law and son-in-law; paternal grandfather, paternal grandmother, maternal grandfather and maternal grandmother; biological sibling; biological sibling of spouse; and grandchild;

d/ Harassing or causing difficulties for notarization requesters; receiving or demanding money or other benefits from notarization requesters in addition to the notarization fee, fees or payments for on-demand services related to the notarization and other costs that have been determined or agreed upon; receiving or demanding money or other benefits from a third party to perform or not to perform notarization;

dd/ Forcing individuals or organizations to use their services; colluding with individuals or organizations to distort the contents of notarization request dossiers or notarial dossiers;

e/ Paying money or other benefits, exerting pressure, threatening or committing acts that violate law or social ethics to gain an advantage in notarization;

g/ Advertising in the mass media about notaries and notarial practice organizations;

h/ Practicing at 2 or more notarial practice organizations at the same time; acting also a bailiff, lawyer, auctioneer, asset management officer, legal consultant or price appraiser; working under an employment contract or a labor contract at an enterprise, cooperative, union of cooperatives, agency or another organization or performing a job that regularly requires working during office hours;

i/ Participating in the management of an enterprise, cooperative or union of cooperatives other than the notarial practice organization; performing brokerage or agency activities or participating in profit sharing in transactions they notarize; performing production, business or service provision activities outside the scope of notarization or certification activities;

k/ Allowing others to use their notary appointment decisions or notary cards;

l/ Investing or contributing capital with another notary to establish or acquire the whole capital contributions of all general partners of a notary office organized and operating as a partnership without becoming a general partner of that notary office; contributing capital, acquiring capital contributions, or cooperating with organizations and individuals other than notaries to establish, or acquire the whole capital contributions of all general partners of a notary office organized and operating as a partnership; investing capital to establish or purchase a notary office organized and operating as a sole proprietorship without acting as the head of that notary office.

2. Notarial practice organizations are prohibited from:

a/ Committing the acts specified at Points a, b, d, dd, e, g, i and l, Clause 1 of this Article;

b/ Opening branches, representative offices, establishments and transaction locations other than their head offices;

c/ Allowing persons who are not qualified for notarial practice or notaries who are suspended from notarial practice to perform notarization and certification at the organizations;

d/ Allowing notaries to perform notarization or certification at the organizations when the decisions permitting their establishment have been revoked.

3. Individuals and organizations are prohibited from:

a/ Impersonating notaries, notarization requesters, witnesses or interpreters;

b/ Providing false information or documents; disclosing or using information acquired from notarization activities as specified at Point a, Clause 1 of this Article; using forged or illegally erased or modified documents or papers to request notarization or to propose the appointment or reappointment of notaries;

c/ Committing fraudulent or dishonest acts in the process of requesting notarization or acting as witnesses or interpreters;

d/ Obstructing notarial activities; refusing to provide information and document serving notarization in contravention of law; refusing to carry out legal procedures related to notarized transactions without legal grounds;

dd/ Individuals other than notaries and organizations other than notarial practice organizations committing the following acts: investing in, contributing capital, acquiring capital contributions, coordinating or sharing profits from notarial activities; providing notarial services; naming their organizations, enterprises, cooperatives or unions of cooperative, hanging advertisement boards or running advertising in other forms with contents on the provision of notarial services or services confusingly mistaken to notarial services.

Chapter II

NOTARIES

Article 10. Criteria for appointment of notaries

A person who fully meets the following criteria shall be considered for appointment as notary:

1. Being a Vietnamese citizen not older than 70 years of age;

2. Permanently residing in Vietnam, abiding by the Constitution and law, having good moral qualities and being physically fit for notarial practice;

3. Having a bachelor’s, master’s or doctoral degree in law;

4. Having worked in the field of law for at least 3 years at an agency or organization after obtaining a bachelor’s, master’s or doctoral degree in law;

5. Having graduated from a notary training course;

6. Passing the notarial practice probation test.

Article 11. Training of notaries

1. Persons with a bachelor’s degree in law, master’s degree in law or doctoral degree in law may register to attend a notary training course at a notary training institution.

2. The notary training period is 12 months, except the cases specified in Clause 3 of this Article.

3. For the following persons, the notary training period is 6 months:

a/ Persons who have worked for full 5 years or more as judges; procurators; investigators; principal court examiners; intermediate executors, principal civil judgment enforcement examiners; principal procuracy inspectors; grade-II legal aid providers; principal judicial inspectors; principal officers, principal legal officers, principal researchers, or principal lecturers in the field of law;

b/ Bailiffs, lawyers and auctioneers who have practiced for full 5 years or more;

c/ Professors and associate professors specialized in law; doctors of law;

d/ Persons who used to be senior court examiners; senior executors, senior civil judgment enforcement examiners; senior procuracy examiners; grade-I legal aid provider; senior judicial inspectors; senior specialists, senior legal officers, senior researchers, and senior lecturers in the field of law.

4. Persons who have completed a notary training program shall be granted a certificate of graduation from notary training course by the notary training institution.

5. The Government shall prescribe notary training institutions.

6. The Minister of Justice shall prescribe the framework program for notary training and the recognition of equivalence for persons who have undergone notary training in foreign countries.

Article 12. Notarial practice probation

1. A person who has a certificate of graduation from notary training course shall contact a notarial practice organization as specified in Clause 2 of this Article to work as a notarial practice probationer; in case of failure to self-arrange notarial practice probation, he/she may request the provincial-level Department of Justice to arrange the probation.

The probationer shall register the probation at the provincial-level Department of Justice of the locality where the notarial practice organization admitting him/her is located.

The period of notarial practice probation is 12 months, counted from the effective date of the probation registration decision.

2. Notarial practice organizations admitting probationers must have notaries who are qualified to instruct probationers as specified in Clause 3 of this Article and have facilities for the probation.

3. Notaries assigned to instruct probationers must have at least 2 years’ experience in notarial practice. Notaries who are disciplined or administratively sanctioned for violations in notarial practice shall only be allowed to instruct notarial practice probationers after 12 months from the date of completion of the disciplinary decision or administrative sanctioning decision. In case a notary who currently instructs  a probationer is disciplined or administratively sanctioned for violations in notarial practice, is suspended from notarial practice, dies or is declared dead or missing by the court, the notarial practice organization shall assign another qualified notary to continue instructing the probationer; in case there are no more qualified notaries to act as probation instructors, the notarial practice organization shall report thereon to the provincial-level Department of Justice for the latter to designate another notarial practice organization to admit the probationer.

A notary may act as probation instructor for at most 2 probationers at the same time.

Notaries acting as probation instructors shall instruct and be held responsible for the work performed by the probationers under their instructions.

4. Notary probationers shall complete the probation period, comply with rules on working days and hours of the notarial practice organizations where they are admitted to work as notary probationers; shall be instructed in practice skills, perform tasks related to notarization and certification assigned by the notaries who are their probation instructors and be held responsible before their probation instructors for those tasks.

5. Those who have completed their probation are eligible to register to take the notarial practice probation test; if they pass the test, they shall be granted a certificate of completion of notarial practice probation.

The certificate of completion of notarial practice probation has no validity period, but will expire if, within 5 years from the date of being granted the certificate, the certificate holder does not request to be appointed as notary; a person whose certificate of completion of notarial practice probation has expired and who wishes to be appointed as notary shall register to attend and pass the notarial practice probation test.

6. The Minister of Justice shall detail this Article.

Article 13. Appointment of notaries

1. A person who fully meets the criteria specified in Article 10 of this Law and does not fall into cases of ineligibility for appointment as notary specified in Clauses 2 thru 8, Article 14 of this Law may request the Minister of Justice to appoint him/her as notary.

2. The Government shall prescribe the dossier, order and procedures for appointment of notaries.

Article 14. People ineligible for appointment as notaries

1. People who do not fully meet the criteria for appointment as notaries specified in Article 10 of this Law.

2. People who are being examined for penal liability; people who have been convicted of unintentional crimes but have not had their criminal records expunged; people who have been convicted of intentional crimes, even in case their criminal records have been expunged.

3. People who are being subject to the administrative measure of education at communes, wards or township, consignment to compulsory education institutions or consignment to compulsory drug rehabilitation facilities.

4. People who have lost their civil act capacity or have civil act capacity restricted; people who have difficulty in cognition and behavior control.

5. People who are cadres, civil servants or public employees, except public employees of state-run notary offices; who are officers, non-commissioned officers, soldiers, professional army men, workers or public employees in agencies and units of the People’s Army; and who are officers, non-commissioned officers, soldiers or workers in agencies and units of the People’s Public Security forces.

6. Persons who are bailiffs, lawyers, auctioneers, asset management officers, legal consultants or price appraisers or who are performing work as specified at Point h, Clause 1, Article 9 of this Law.

7. Cadres who are disciplined in the form of removal from office; civil servants and public employees who are disciplined in the form of forced resignation; officers, non-commissioned officers, soldiers, professional army men, workers and public employees in agencies and units under the People’s Army who are disciplined in the form of stripping the title of army men or forced resignation; officers, non-commissioned officers, soldiers and workers in agencies and units of the People’s Public Security forces who are disciplined in the form of stripping the title of People’s Public Security officer or forced resignation.

8. Bailiffs, lawyers, auctioneers, asset management officers, legal consultants and price appraisers who are relieved from duty or have their practice certificates revoked due to violations of law and the period of 3 years from the effective date of the decision on relief from duty or the decision on revocation of practice certificate has not yet expired.

Article 15. Suspension of notarial practice

1. A notary shall be suspended from notarial practice in the following cases:

a/ He/she is examined for penal liability;

b/ He/she is subject to administrative handling measures as specified in Clause 3, Article 14 of this Law.

Within 5 working days after receiving the decision on examination of penal liability or the decision on application of administrative handling measures to the notary, the provincial-level Department of Justice that issued the notary card to the concerned notary shall issue a decision to suspend notarial practice.

2. The period of suspension of notarial practice is at most 12 months.

3. The suspension of notarial practice shall be prematurely terminated in the following cases:

a/ There is a decision to suspend the investigation, suspend the criminal case, or the court has issued a judgment declaring the concerning person not guilty;

b/ The concerned person is no longer subject to application of administrative handling measures.

Within 5 working days after receiving the notary’s written request for termination of suspension of notarial practice, together with supporting papers, the provincial-level Department of Justice shall issue a decision on termination of suspension of notarial practice.

4. The Government shall provide the sending and posting of information on decisions on suspension of notarial practice and decisions on termination of suspension of notarial practice.

Article 16. Relief of notaries from duty

1. Notaries shall be relieved from duty at their personal request or when they are transferred to another job under decisions of competent agencies.

Notaries shall be automatically relieved from duty when they are over 70 years old.

2. A notary shall be relieved from duty in the following cases:

a/ He/she longer meets the criteria specified in Article 10 of this Law, except the case of automatic relief from duty under Clause 1 of this Article;

b/ He/she falls into the case specified in Clause 4, Article 14 of this Law;

c/ He/she is recruited, appointed, or transferred to one of the positions specified in Clause 5, Article 14 of this Law, except the case of relief from duty specified in Clause 1 of this Article;

d/ He/she falls into the case prescribed at Point h, Clause 1, Article 9 of this Law;

dd/ He/she fails to commence notarial practice within 12 months after being appointed or reappointed as notary or failing to perform notarial practice continuously for 12 months or more, except cases in which the notary fails to perform notarial practice due to suspension of notarial practice under Article 15 of this Law or the notary office is suspended from operation under Point b, Clause 1, Article 32 of this Law;

e/ The period of suspension of notarial practice specified in Clause 2, Article 15 of this Law has expired but the reason for the suspension still exists;

g/ The notary is administratively sanctioned twice or more times for violations in notarial practice in a period of 12 months; performs notarial practice while failing to fully meet the conditions for notarial practice or during the period of suspension of notarial practice;

h/ The notary is disciplined twice or more times in a period of 12 months or is disciplined in the form of forced resignation;

i/ The notary is convicted under a legally effective court judgment;

k/ The notary is detected as unqualified to be appointed as notary at the time of appointment.

3. The Government shall prescribe the dossier, order and procedures for relief of notaries from duty.

Article 17. Reappointment of notaries

1. A notary who has been relieved from duty due to transfer to another job under the decision of a competent agency shall be considered for reappointment as notary when he/she meets the criteria specified in Clauses 1 and 2, Article 10 of this Law; a notary who has been relieved from duty at his/her own request shall be considered for reappointment as notary when he/she fully meets the criteria specified in Article 10 of this Law.

2. A notary who has been relieved from duty under Clause 2, Article 16 of this Law shall be considered for reappointment as notary when he/she fully meets the criteria specified in Article 10 of this Law, 2 years has passed from the effective date of the decision on relief from duty as notary and the reason for the relief from duty no longer exists, except the cases specified in Clause 3 of this Article.

3. A person who falls into one of the following cases shall not be reappointed as notary:

a/ He/she has been relieved from duty because he/she is convicted of an unintentional crime while his/her criminal records have not been expunged; or he/she is convicted of an intentional crime even in case his/her criminal records have been expunged;

b/ He/she has been relieved from duty because he/she performs notarial practice while failing to fully meet the conditions for notarial practice or he/she is in the period of suspension from notarial practice;

c/ He/she falls into cases of ineligibility for appointment as notary as specified in Article 14 of this Law at the time of requesting reappointment as notary.

4. The competence, order and procedures for reappointment of notaries must comply with the provisions on appointment of notaries in Article 13 of this Law. A dossier of request for reappointment as notary must comply with the Government’s regulations.

Article 18. Rights and obligations of notaries

1. A notary has the following rights:

a/ To have the right to notarial practice guaranteed;

b/ To establish or jointly establish a notary office, act as the general partner of a notary office or work under the employment contract or labor contract regime for a notarial practice organization;

c/ To notarize transactions in accordance with this Law and other relevant laws; to certify copies from originals, certify signatures in papers and documents, and certify translators’ signatures in accordance with the law on certification;

d/ To request related individuals, agencies and organizations to provide information and documents; to exploit and use information from databases in accordance with law to perform notarization;

dd/ Other rights in accordance with this Law and other relevant laws.

2. A notary has the following obligations:

a/ To adhere to the principles of notarial practice;

b/ To respect and protect lawful rights and interests of notarization requesters;

c/ To practice at 1 notarial practice organization; to abide by the notarial practice organization’s rules on working days and working hours;

d/ To guide notarization requesters to properly implement the regulations on notarization procedures and relevant regulations; to give clear explanations to notarization requesters for them to understand their lawful rights, obligations and interests as well as the significance and legal consequences of notarization;

dd/ To refuse to perform the notarization in case transactions violate law or are contrary to social ethics and in other cases as prescribed by this Law; to clearly explain the reasons for refusing to perform the notarization;

e/ To keep notarization contents confidential, unless notarization requesters agree to the disclosure thereof in writing or otherwise provided by law;

g/ To attend annual notary training courses;

h/ To join the Notary Association in the locality where he/she wishes to practice and maintain the membership throughout the period of notarial practice in that locality;

i/ To be held responsible before law and before notarization requesters for the notarized documents he/she makes;

k/ To be held responsible before law for operation of the notary office of which he/she is a general partner or the owner, for notary offices organized as a partnership or sole proprietorship, respectively;

l/ Other obligations as prescribed by this Law and other relevant laws.

Chapter III

NOTARIAL PRACTICE ORGANIZATIONS

Article 19. Notarial practice organizations

1. Notarial practice organizations include state-run notary offices and notary offices organized and operating under this Law and other relevant laws.

2. The Ministry of Justice shall formulate and submit to the Government for promulgation a strategy on development of the notarization field; and guide localities to formulate schemes on management and development of notarial practice organizations.

3. Provincial-level People’s Committees shall promulgate Schemes on management and development of notarial practice organizations; consider and decide to transfer the authority to certify transactions from district-level Divisions of Justice and commune-level People’s Committees to notarial practice organizations in district-level geographical areas where notarial practice organizations have been developed to meet notarization requirements of individuals and organizations according to the Government’s regulations.

Article 20. State-run notary offices

1. State-run notary offices shall be established under decisions of provincial-level People’s Committees.

2. State-run notary offices are public non-business units under provincial-level Departments of Justice, have their own head offices, seals and accounts, and are organized and operate in accordance with this Law and the law on public non-business units, and fully meet the following conditions:

a/ Having 2 or more notaries each; in district-level geographical areas where notary offices are permitted to be established and operate as a sole proprietorship, each state-run notary office may have 1 notary;

b/ Having head offices that fully meet the conditions prescribed by the Government.

3. The legal representative of a state-run notary office is the head of the state-run notary office who shall be appointed, relieved from duty and dismissed by the Director of the provincial-level Department of Justice in accordance with law. The head of a state-run notary office must be a notary and have practiced as notary for full 2 years or more.

4. The name of a state-run notary office shall be composed of the phrase “Phong cong chung” (State-run notary office) followed by the ordinal number of establishment and the name of the province or centrally run city where the state-run notary office is established.

5. The seal of state-run notary offices does not have the image of the national emblem. State-run notary offices are allowed to engrave and use their seals after their establishment decisions are issued. The procedures and dossiers of request for seal engraving must comply with the law on seals.

6. The publication of information on the establishment, conversion and dissolution of state-run notary offices must comply with the Government’s regulations.

Article 21. Establishment of state-run notary offices

1. Provincial-level Departments of Justice shall assume the prime responsibility for, and coordinate with specialized agencies in charge of planning and investment, finance and home affairs under provincial-level People’s Committees in, formulating schemes on establishment of state-run notary office and submit them to provincial-level People’s Committees for consideration and decision on the establishment of state-run notary offices. Such a scheme must clearly state the necessity of establishing state-run notary offices and plans on organization, name, personnel, location of the headquarters, facilities, and implementation plan.

State-run notary offices may only be established in district-level geographical areas where it is still impossible to develop notary offices to meet notarization requirements of individuals and organizations.

2. Notaries of a state-run notary office may practice from the date the establishment decision of the state-run notary office is issued or the date the state-run notary office adds notaries.

Article 22. Conversion and dissolution of state-run notary offices

1. After its locality has managed to develop notary offices to meet individuals’ and organizations’ demands for notarization, the provincial-level Department of Justice shall, based on relevant laws, formulate a scheme to convert state-run notary offices into notary offices and submit it to the provincial-level People’s Committee for consideration and decision.

2. In case it is impossible to convert state-run notary offices into notary offices, provincial-level Departments of Justice shall formulate a scheme on dissolution of state-run notary offices and submit it to provincial-level People’s Committees for consideration and decision.

The order and procedures for dissolving a state-run notary office must comply with the law on public non-business units. The state-run notary office shall only be dissolved after paying off all its debts, completing the procedures for terminating labor contracts signed with employees, and completing received notarization requests.

3. The Government shall specify the conversion of state-run notary offices into notary offices; and prescribe a roadmap for completing the conversion of state-run notary offices into notary offices and dissolving state-run notary offices in localities.

Article 23. Notary offices

1. Notary offices shall be organized and operate in accordance with this Law and other relevant laws, for those operating as a partnership; in district-level administrative units with low population density, underdeveloped infrastructure facilities and services and difficulties in establishing notary offices as a partnership, notary offices shall be organized and operate in accordance with this Law and other relevant laws, for those operating in the forms of partnership and sole proprietorship.

The Government shall prescribe the list of district-level administrative units that are allowed to establish notary offices organized and operating as a sole proprietorship and the conversion of notary offices in these district-level administrative units.

2. A notary office organized and operating as a partnership must have at least 2 general partners and no limited partners. General partners must be notaries and have equal rights when deciding on matters of the notary office. The head of the notary office must be a general partner of the notary office and has practiced as notary for at least full 2 years.

For a notary office organized and operating as a sole proprietorship, the owner of the sole proprietorship shall also be the head of the notary office and must be a notary and has performed notarization practice for at least full 2 years.

3. The head of a notary office shall be the legal representative of the notary office, performing the management and administration of operation of the notary office; may neither hire another person to run the notary office nor lease the notary office.

4. The name of a notary office shall be composed of the phrase “Van phong cong chung” (notary office) and the proper name in Vietnamese of the notary office, which is agreed upon by the general partners of the notary office, for notary offices organized and operating as a partnership, or the notary who is the head of the notary office, for notary offices organized and operating as a sole proprietorship, meeting the following requirements:

a/ Not using the name of a state agency, people’s armed forces unit, political organization, socio-political organization, socio-political-professional organization, social organization, or socio-professional organization as the whole or part of the proper name of the notary office;

b/ Being neither identical nor confusingly mistaken to the name of another notarial practice organization in operation all around the country;

c/ Not using words or symbols that violate the historical, cultural and ethical traditions and customs of the nation.

5. A notary office must have a head office fully meeting the conditions prescribed by the Government.

A notary office has its own seal and account, and operates on the principle of financial autonomy with revenues coming from notarization fees and charges for on-demand services related to notarization, and other lawful sources as prescribed by law.

6. The seal of a notary office does not contain the image of the national emblem. A notary office may engrave and use its seal after being granted an operation registration certificate. Procedures and dossiers of request for seal engraving must comply with the law on seals.

Article 24. Establishment of a notary office

1. Based on the law-specified conditions for establishing notary offices, a notary applying for establishment of a notary office shall prepare a dossier of application for establishment of notary office and send it to the provincial-level Department of Justice of the locality where the notary office is expected to be established.

2. A notary who falls into one of the following cases shall not be allowed to establish or participate in establishing a new notary office:

a/ He/she is a public employee of a state-run notary office;

b/ He/she is a general partner of a notary office;

c/ He/she is the head of a notary office organized and operating as a sole proprietorship;

d/ The 2-year period specified in Clause 6, Article 27; Clause 5, Article 31; and Clause 4, Article 34, of this Law has not yet expired.

3. Notary offices established in areas with difficult or extremely difficult socio-economic conditions are entitled to preferential tax policies in accordance with the tax laws and other preferential policies as prescribed by the Government.

4. The Government shall prescribe the dossier, order and procedures for establishing notary offices.

Article 25. Registration of operation of notary offices

1. Within 90 days after the decision permitting the establishment of a notary office becomes effective, the notary office must register its operation at the provincial-level Department of Justice which has issued the decision.

2. The contents of registration of operation of a notary office cover:

a/ Name and type of organization of the notary office;

b/ Address of the head office of the notary office;

c/ Full name, personal identification number, and serial number of the notary appointment decision of the head of the notary office;

d/ Full names, personal identification numbers, and serial number of notary appointment decisions of general partners, for notary offices organized and operating as a partnership;

dd/ List of notaries working under the labor contract regime of the notary office (if any).

3. A notary office is allowed to operate and notaries of a notary office are allowed to practice from the date the notary office is granted an operation registration certificate.

4. The Government shall specify the dossier, order and procedures for registration of operation of notary offices.

Article 26. Change of contents of registration of operation of a notary office

1. Within 10 days from the date of changing one of the items specified in Clause 2, Article 25 of this Law, the notary office must register the change at the provincial-level Department of Justice where the notary office has registered its operation.

In case the notary office has a new general partner or a notary working under the labor contract regime, the notary is allowed to practice as notary from the date the provincial-level Department of Justice re-grants the operation registration certificate to the notary office or records the change in the operation registration certificate of the notary office.

A notary office may only change its head office address within the district-level administrative unit where its head office is located as stated in its establishment decision issued by the provincial-level People’s Committee.

The change of the name of a notary office must meet the requirements specified in Clause 4, Article 23 of this Law.

2. In case a notary office changes its name, head office address or head, the provincial-level Department of Justice shall re-grant an operation registration certificate to the notary office; in case of changing other operation registration contents, the provincial-level Department of Justice shall record the changes in the operation registration certificate of the notary office.

3. A notary office whose operation registration certificate is lost or damaged shall be re-granted an operation registration certificate.

4. The Government shall specify the dossiers, order and procedures for changing the contents of operation registration of notary offices and re-grant of operation registration certificates of notary offices; provision of information on the contents of operation registration, changes in the contents of operation registration, suspension of operation, and termination of operation of notary offices; and publication of the contents of operation registration and termination of operation of notary offices in newspapers.

Article 27. Termination of the status of general partners of notary offices

1. A notary shall terminate his/her status as general partner of a notary office in the following cases:

a/ He/she voluntarily withdraws capital from the notary office or transfers the whole of his/her capital contributions to one or more than one general partner of the notary office; or transfers the whole of his/her capital contributions according to Article 30 of this Law;

b/ He/she is relieved from duty under a decision or falls into a case of automatic relief from duty under this Law;

c/ He/she dies or is declared dead or missing by the court;

d/ He/she is expelled from the notary office.

2. A general partner has the right to withdraw capital from the notary office or transfer the whole of his/her capital contributions to one or more than one general partner of the notary office when it is approved in writing by at least three-quarters of the total general partners of the notary office and the notary office has at least 2 general partners at the time he/she withdraws capital or transfers capital contributions.

A general partner must notify in writing the capital withdrawal request to the other general partners and the provincial-level Department of Justice where the notary office makes operation registration at least 6 months before the expected date of capital withdrawal; and may only withdraw capital at the end of the fiscal year and after the financial statement of the notary office for that fiscal year has been approved.

The notary office shall notify in writing the provincial-level Department of Justice of the notary’s completion of capital withdrawal or completion of capital contribution transfer. The status of general partner of a notary shall terminate at the time the provincial-level Department of Justice records such in the operation registration certificate of the notary office. In case the person withdrawing capital or transferring the capital contribution is the head of the notary office, his/her general partner status shall terminate from the time the provincial-level Department of Justice re-grants the operation registration certificate of the notary office.

3. General partners shall be expelled from notary offices in accordance with the Law on Enterprises. Evidencing documents and documents on the expulsion of a general partner shall be sent to the provincial-level Department of Justice when requesting changes of the operation registration contents. The general partner status of an expelled notary shall be terminated at the time the provincial-level Department of Justice records such in the operation registration certificate of the notary office. In case the expelled person is the head of the notary office, his/her general partner status shall be terminated from the time the provincial-level Department of Justice re-grant the operation registration certificate of the notary office.

4. The value of the capital contribution of a general partner in the cases specified at Points b, c and d, Clause 1 of this Article shall be returned to the notary or his/her heir in proportion to the capital contribution after deducting the obligations falling within the scope of responsibility of that notary.

5. In a notary office is named after a notary who has his/her general partner status terminated, the notary office must change its name when requesting change of the content of registration of operation of the notary office.

6. Within 2 years after his/her general partner status is terminated under Point a, b or d, Clause 1 of this Article, the notary shall still be jointly liable with all of his/her assets for the debts of the notary office arising during the time he/she was a general partner of the notary office; past this 2-year time limit, the notary may establish or jointly establish a new notary office, become a general partner of another notary office, or purchase a notary office organized and operating as a sole proprietorship.

Article 28. Admission of new general partners to notary offices

1. A notary office may admit a new general partner if it is so approved by at least three-quarters of its total general partners.

The new general partner must fully pay the committed capital amount to the notary office within 15 days after he/she is approved to become general partner. After the new general partner has fully paid the committed capital amount, the notary office shall submit a dossier of request for change of operation registration contents due to admission of general partner.

2. In case a general partner of a notary office dies or is declared dead by the court, his/her heir may become a general partner of the notary office if he/she is a notary and is approved by at least three-quarters of the remaining general partners.

Article 29. Consolidation and merger of notary offices organized and operating as a partnership

1. Two or more notary offices headquartered in the same province or centrally run city may be consolidated into a new notary office (below referred to as the consolidating notary office) by transferring all of their assets, rights, obligations and lawful interests to the consolidating notary office, and concurrently terminating their operation.

One or more than one notary office may be merged into another notary office headquartered in the same province or centrally run city by transferring all of their assets, rights, obligations and lawful interests to the merging notary office, and concurrently terminating the operation of the merged notary office(s).

2. Provincial-level People’s Committee shall consider and decide to permit the consolidation and merger of notary offices.

3. The Government shall specify dossiers, order and procedures for consolidation and merger of notary offices.

Article 30. Transfer of the whole of capital contributions of all general partners of a notary office

1. After a notary office has operated for at least 2 years, all general partners of the notary office may transfer the whole of their capital contributions to at least 2 other notaries who fully meet the conditions specified in Clause 2 of this Article.

2. Notaries who wish to acquire capital contributions through transfer under Clause 1 of this Article must fully meet the following conditions:

a/ Having performed notarial practice for at least 2 years, for the person expected to act as the head of the notary office;

b/ For a person who used to be a general partner of a notary office organized and operating as a partnership or head of a notary office organized and operating as a sole proprietorship, the period of 2 years after his/her general partner status is terminated or he/she is no longer the head of the notary office has expired;

c/ Committing to practicing as notary in the capacity of general partner at the notary office where he/she acquires capital contributions through transfer.

3. The provincial-level People’s Committee shall consider and decide to allow the transfer of the whole of capital contributions of all partners of the notary office.

4. The general partner status of a notary who transfers the whole of his/her capital contribution shall terminate at the time the provincial-level Department of Justice re-grants the operation registration certificate to the notary office.

5. Within 2 years after his/her general partner status is terminated, the notary shall still be jointly liable with all of his/her assets for the notary office’s debts arising during the time he/she was a general partner of that notary office; after this period, the notary may establish or jointly establish a new notary office, become a general partner of another notary office or purchase a notary office organized and operating as a a sole proprietorship.

6. The Government shall detail this Article.

Article 31. Sale of notary offices organized and operating as a sole proprietorship

1. After his/her notary office, which is organized and operates as a sole proprietorship, has been in operation for at least 2 years, the head of the notary office has the right to sell the notary office to another notary.

2. The notary who wishes to purchase the notary office under Clause 1 of this Article must fully satisfy the following conditions:

a/ Having performed notarial practice for at least 2 years;

b/ Two years has passed from the date his/her general partner status at a notary office organized and operating as a partnership is terminated or he/she is no longer the head of a notary office organized and operating as a sole proprietorship, for those who used to be general partners of notary offices organized and operating as a partnership or heads of notary offices organized and operating as a proprietorship;

c/ Committing to practicing in the capacity of head of the notary office at the notary office he/she will purchase.

3. Provincial-level People’s Committees shall consider and decide to permit the sale of notary offices organized and operating as a sole proprietorship.

4. After selling his/her notary office, the head of the notary office shall still be held responsible for the debts and other property obligations of the notary office arising during the period before the date of transfer of the notary office, unless otherwise agreed between the head of the notary office, the purchaser and the creditors.

5. A notary who has sold his/her notary office may only establish or jointly establish a new notary office or become a general partner of another notary office organized and operating as a partnership or purchase a notary office organized and operating as a sole proprietorship after 2 years from the date of selling the notary office.

6. The Government shall detail this Article.

Article 32. Suspension of operation of notary offices

1. A notary office shall suspend its operation in the following cases:

a/ All notaries of the notary office are suspended from notarial practice;

b/ The notary office is unable to operate due to a force majeure event or an external obstacle as prescribed by the Civil Code.

2. The period of suspension of operation of a notary office is:

a/ No longer than 12 months, for the case specified at Point a, Clause 1 of this Article; or,

b/ The period of time during which the force majeure event or external obstacle occurs, for the case specified at Point b, Clause 1 of this Article.

3. Within 15 days from the date a notary office falls into one of the cases specified in Clause 1 of this Article, the provincial-level Department of Justice where the notary office makes operation registration shall issue a decision to suspend the operation of the notary office. Within 15 days from the date the reason for the suspension no longer exists, the provincial-level Department of Justice shall issue a decision to terminate the suspension of operation of the notary office.

4. A notary office that terminates operation in one of the cases specified in Clause 1 of this Article shall hand over notarial dossiers when receiving requests for correction of technical errors in notarized documents; modification, supplementation, termination or cancelation of transactions; issuance of copies of notarized documents; and notarization of mortgage contracts as specified in Clause 2, Article 56 of this Law to the notarial practice organization designated by the provincial-level Department of Justice to receive dossiers; the provincial-level Department of Justice shall assume the prime responsibility for, and coordinate with the Notary Association and related agencies and organizations in, carrying out the handover of notarial dossiers. After the suspension period expires, these notarial dossiers shall be returned to the notary office.

The Minister of Justice shall detail this Clause.

Article 33. Revocation of decisions permitting the establishment of notary offices

1. The decision permitting the establishment of a notary office shall be revoked in the following cases:

a/ The notary office fails to make operation registration within the time limit specified in Article 25 of this Law or the contents of its operation registration are not consistent with information in its establishment application dossier approved by the provincial-level People’s Committee;

b/ Its establishment application dossier contains false declarations;

c/ The notary office still fails to start operating though the time limit of 6 months after the date of issuance of the operation registration certificate;

d/ The notary office has not operated continuously for 3 months or more, except cases of suspension of operation specified in Article 32 of this Law;

dd/ The notary office has only one general partner, for notary offices organized and operating as a partnership, except the case specified in Clause 2 of this Article;

e/ All general partners of the notary office, for notary offices organized and operating as a partnership, or the notary who is the head of the notary office, for notary offices organized and operating as a sole proprietorship, are/is relieved from duty, die(s), are/is declared dead by the court or are/is prohibited from notarial practice by the court;

g/ The notary office fails to maintain the conditions for operation as specified in this Law and the Decree detailing this Law;

h/ The notary office fails to maintain the conditions on notaries and headquarters as stated in its establishment application dossier approved by the provincial-level People’s Committee and operation registration certificate issued by the provincial-level Department of Justice for at least 1 year from the date of issuance of the operation registration certificate, except the case specified at Point g of this Clause;

i/ An organization or individual other than a notary establishes or jointly establishes, or acquires the whole of capital contributions transferred from all general partners of the notary office, for notary offices organized and operating as a partnership, or purchases the notary office, for notary offices organized and operating as a sole proprietorship;

k/ The period of operation suspension specified in Article 32 of this Law has expired but the reason for suspension still exists, except case of suspension of operation due to force majeure events or external obstacles.

2. In case a notary office has only 1 general partner left because the remaining general partner dies or is declared dead by the court, is expelled from the notary office, relieved from duty as notary or prohibited from notarial practice by the court, the notary office must add at least 1 new general partner within 6 months from the date it has only 1 general partner left. Past this time limit, if the notary office fails to add a new general partner, its establishment decision shall be revoked.

3. Provincial-level Departments of Justice shall examine, review and make dossiers to request provincial-level People’s Committees to issue decisions to revoke decisions permitting the establishment of notary offices.

Article 34. Termination of operation of notary offices

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

a/ The notary office requests termitation of its operation;

b/ The decision permitting the establishment of the notary office is revoked under Article 30 of this Law;

c/ The notary office is consolidated or merged.

2. In case of terminating its operation under Point a, Clause 1 of this Article, at least 30 days before the expected time of operation termination, a notary office shall send a written report on the expected time of operation termination to the provincial-level Department of Justice with which it has made operation registration. Before the date of operation termination, the notary office shall fully pay its tax and other liabilities, complete procedures to terminate labor contracts signed with notaries and other staff members and settle notarization requests already received. If unable to settle notarization requests it has received, the notary office shall reach agreement with notarization requesters on the performance of such requests.

In case a notary office terminates its operation under Point c, Clause 1 of this Article, its rights and obligations shall be further exercised and performed by the consolidating or merging notary office.

The provincial-level Department of Justice shall revoke the operation registration certificate of the notary office within 7 working days after the notary office completes its obligations specified in this Clause and report thereof to the provincial-level People’s Committee for the latter to revoke the decision permitting its establishment.

3. In case a notary office terminates its operation under Point b, Clause 1 of this Article, within 7 working days after a decision on revocation of the notary office’s establishment permission decision is issued, the provincial-level Department of Justice shall revoke the notary office’s written operation registration.

Within 60 days after the decision permitting its establishment is revoked, a notary office shall fully pay its tax and other liabilities, complete procedures to terminate labor contracts signed with notaries and other employees; for notarization requests it has received but not yet settled, the notary office shall return notarization request dossiers to notarization requesters. Past this time limit, if the notary office still fails to fulfill its asset-related liabilities or in case the notary office terminates its operation due to revocation of its establishment permission decision because all general partners of the notary office, for notary offices organized and operating as a partnership, or the notary who is the head of the notary office, for notary offices organized and operating as a sole proprietorship,  die/dies or are/is declared dead by court, assets of the notary office and its general partners/owner of the sole proprietorship shall be used to pay the notary office’s liabilities in accordance with the civil law and other relevant laws.

4. For a notary office that terminates its operation under Point a or b, Clause 1 of this Article, the notary office’s general partners or head, in case the notary office is organized and operates as a sole proprietorship, may only establish or jointly establish a new notary office; join another notary office as general partner, or purchase a notary office organized and operating as a sole proprietorship after 2 years from the effective date of the decision on revocation of the notary office’s operation registration certificate.

5. The Government shall detail this Article.

Article 35. Rights of notarial practice organizations

1. To sign employment contracts or labor contracts with notaries prescribed at Points a and c, Clause 1, Article 37 of this Law and other employees.

2. To collect notarization charges, charges for on-demand notarization-related services and other expenses as prescribed by this Law and other relevant laws.

3. To provide notarization services beyond working hours of state administrative agencies to meet notarization demands of individuals and organizations.

4. To exploit and use information from the Notarial Database, the National Population Database and other relevant databases in accordance with law to serve notarial activities.

5. To exercise other rights as prescribed by this Law and other relevant laws.

Article 36. Obligations of notarial practice organizations

1. To monitor and ensure that notaries practicing at their organizations perform notarization procedures in accordance with law, abide by the Code of Ethics for Notarial Practices, the Vietnam Notary Association Charter, and comply with competent state agencies’ decisions.

2. To comply with the laws on labor, tax, finance and statistics.

3. To apply the working hours regime applicable to state administrative agencies and ensure that notaries and other staff members adhere to their working hours.

4. To post up working timetables, notarization procedures, rules on receipt of notarization requesters, and notarization charges, charges of other on-demand notarization-related services, and other expenses at their head offices; to report a list of their translation collaborators to provincial-level Departments of Justice for approval and posting.

5. To purchase professional liability insurance for their notaries in accordance with Article 39 of this Law and pay compensation for damage in accordance with Article 40 of this Law.

6. To admit, manage and create favorable conditions for notarial practice probationers during their probatitionary period at their organizations.

7. To create conditions for their notaries in professional practice and participation in annual professional retraining activities.

8. To comply with competent state agencies’ requests concerning reporting on, examination and inspection of, and provision of information on, notarized transactions and certified documents and materials.

9. To make notarization request registers, notarial records and other records and keep notarial dossiers in accordance with law.

10. To provide information for inclusion in the Notarial Database under Article 66 of this Law.

11. To keep confidential information on the contents of notarized documents, unless notarization requesters so agree in writing or otherwise provided by law.

12. To use seals at their head offices and comply with the law on management and use of seals.

13. To receive notarial registers designated by provincial-level  Departments of Justice under Article 68 of this Law.

14. To perform other obligations as prescribed by this Law and other relevant laws.

Chapter IV

NOTARIAL PRACTICE

Article 37. Forms of professional practice by notaries

1. Forms of professional practice by notaries include:

a/ Notaries being public employees of state-run notary offices;

b/ Notaries being general partners of notary offices organized and operating as a partnership or heads of notary offices organized and operating as a sole proprietorship;

c/ Notaries working under labor contracts at state-run notary offices or notary offices.

2. The recruitment, management and employment of notaries prescribed at Point a, Clause 1 of this Article must comply with this Law and the law on public employees.

Professional practice by notaries prescribed at Point b, Clause 1 of this Article must comply with this Law and the law on enterprises.

The signing and performance of labor contracts with notaries prescribed at Point c, Clause 1 of this Clause must comply with this Law and the laws on labor and public non-business units.

Article 38. Notary’s cards

1. Notaries shall present notary’s cards when practicing as notary.

2. Provincial-level Departments of Justice shall grant notary’s cards to notaries of state-run notary offices after the state-run notary offices are granted establishment decisions or recruit new notaries.

Provincial-level Departments of Justice shall grant notary’s cards to notaries of notary offices when granting or re-granting operation registration certificates to, or changing the operation registration contents of, notary offices, in case notary offices recruit new notaries.

3. Notary’s cards shall be re-granted in case they are lost or damaged or notarial practice organizations change their names.

4. In case notaries are relieved from duty or no longer practice at notarial practice organizations where they are granted notary’s cards or notarial practice organizations are dissolved, terminate operation or change names, their notary’s cards shall be revoked.

5. The Minister of Justice shall specify the form of notary’s card and the grant, re-grant and revocation of notary’s cards.

Article 39. Professional liability insurance for notaries

1. Professional liability insurance for notaries is compulsory insurance.

2. Notarial practice organizations are obliged to purchase professional liability insurance for their notaries. The purchase of professional liability insurance for notaries must be maintained throughout the operation duration of notarial practice organizations.

Within 10 working days after purchasing professional liability insurance for their notaries or modifiying or extending professional liability insurance policies, notarial practice organizations shall notify thereof and send copies of the insurance policies or the contracts on modification or extension of insurance policies to provincial-level Departments of Justice.

3. The Government shall specify conditions for, and principles, premium rates and minimum payout of professional liability insurance for notaries.

Article 40. Compensation for damage in notarial activities

1. Notarial practice organizations shall pay compensation for damage caused to notarization requesters and other organizations and individuals due to faults of their notaries or employees in the process of notarization.

In case a notarial practice organization has been transformed, consolidated or merged, the notarial practice organization that takes over the rights and obligations of the transformed, consolidated or merged notarial practice organization shall compensate for the damage; in case a notarial practice organization has been dissolved or has terminated its operation, the notaries or employees who cause damage shall themselves compensate for the damage even if they are no longer notaries or employees of any notarial practice organization.

2. Notaries or employees who cause damage shall indemnify the notarial practice organization for the compensation amount already paid by this organization to the damage sufferer in accordance with law, even if they are no longer notaries or employees of any notarial practice organizations; in case they fail to indemnify such amount, the notarial practice organization may request a court to settle the case.

Article 41. Socio-professional organizations of notaries

1. Socio-professional organizations of notaries are self-managed organizations representing and protecting lawful rights and interests of notaries, including the Vietnam Notary Association and Notary Associations of provinces and centrally run cities.

2. The Vietnam Notary Association shall issue the Code of Ethics for Notarial Practice for application nationwide. The Code of Ethics for Notarial Practice must not contravene the law and the Vietnam Notary Association’s charter.

3. A social-professional organization of notaries has the following tasks and powers:

a/ To represent and protect rights and interests of notaries in their notarial practice.

b/ To annually review and evaluate the quality of notaries and supervise notaries’ compliance with the notarization law and the Code of Ethics for Notarial Practice;

c/ To join state agencies in organizing annual notarial practice training, further training and probation; and providing professional guidance to its members;

d/ To perform other tasks and exercise other powers related to notarial activities in accordance with this Law and the Government’s regulations.

4. The Ministry of Justice shall approve the Vietnam Notary Association’s charter after reaching agreement with the Ministry of Home Affairs, suspend the implementation of, and request amendments to resolutions, decisions, regulations and the Code of Ethics for Notarial Practice that are issued  by the Vietnam Notary Association in contravention of this Law or other relevant laws.

5. The Government shall detail this Article.

Chapter V

PROCEDURES FOR NOTARIZATION OF TRANSACTIONS

Section 1

GENERAL PROCEDURES FOR NOTARIZATION

Article 42. Notarization of a ready-made transaction

1. The notarization requester shall submit online, hand-deliver or send by post a notarization request dossier to a notarial practice organization. The notarization request dossier must comprise:

a/ The draft transaction;

b/ A copy of the personal identification paper of the notarization requester which may be the identity card or passport or another paper determining his/her identity as prescribed by law;

c/ A copy of the certificate of ownership of, or rights to use, assets or a court’s judgment or ruling or another decision of a competent state agency on handling of assets, or substitute paper as prescribed by law, for assets subject to registration of ownership or use rights as prescribed by law, in case the transaction is related to those assets;

d/ Copies of other papers related to the transaction as required by law.

In case the notarial practice organization has managed to exploit the information specified at Points b, c, and d of this Clause from the National Population Database or other databases in accordance with law, the notarization requester shall not be required to submit these papers but pay data exploitations charges as prescribed by law for the organization to exploit such data.

2. The notary shall check the papers in the notarization request dossier. If the dossier is complete and valid as prescribed by law, he/she shall receive it for processing. In case of refusal, he/she shall give explanations in person or make a written reply, clearly stating the reason.

3. The notary shall guide and clearly explain to the notarization requester of its/his/her rights, obligations and lawful interests as well as the significance and legal consequences of the entry into transactions.

4. When having grounds to believe that the notarization request dossier contains unclear matters or the transaction is concluded under threat or coercion, having doubts about the civil act capacity of the notarization requester, or in case the object of the transaction has not yet been specifically described, the notary may request the notarization requester to clarify the matters or, at the request of the notarization requester, conduct verification or request assessment; if the notarization requester fails to clarify the matters and refuses verification or assessment, or verification or assessment has been conducted but failed to clarify the matters, the notary shall refuse to perform the notarization.

5. The notary shall check the draft transaction; if the draft contains an article or a clause that is contrary to law or social ethics or the object of the transaction is incompliant with law, the notary shall point them out for the notarization requester to modify the draft transaction. If the notarization requester fails to modify the draft, the notary shall refuse to perform the the notarization.

6. The notarization requester shall himself/herself read the draft transaction once again or request the notary to read it aloud.

7. If agreeing with the whole contents of the draft transaction, the notarization requester shall sign every page of the draft and sign and write his/her full name and append the seal of his/her organization (if any) to the last page of the draft. Cases of signing with fingerprints must comply with Article 50 of this Law. The notary shall request the notarization requester to produce the originals of the papers specified at Points b, c, and d, Clause 1 of this Article for collation before signing in testimonies and every page of the draft transaction. If the originals of the papers specified at Point d, Clause 1 of this Article are unavailable at the time the notary signs in testimonies, the notarization requester may produce duplicates from the master registers or certified copies thereof.

8. The notarial practice organization shall record the serial number of the notarized document, append its seal thereon and hand over the original notarized document to the requester, record them in the notarial register and store the notarial dossier under Article 68 of this Law and other relevant laws.

Article 43. Notarization of a transaction drafted by a notary at the request of a notarization requester

1. The notarization requester shall submit a dossier containing the papers specified at Points b, c, and d, Clause 1, Article 42 of this Law, and state the contents of, and purpose of concluding, the transaction.

2. The notary shall perform the jobs specified in Clauses 2, 3, and 4, Article 42 of this Law.

When the contents of, and the purpose of concluding, the transaction are lawful and consistent with social ethics, the notary shall draft the transaction.

3. Other procedures must comply with Clauses 6, 7, and 8, Article 42 of this Law.

Article 44. Competence to notarize real estate transactions

Notaries of a notarial practice organization may only notarize transactions related to real estate within the province or centrally run city where the notarial practice organization is located, except cases of notarization of testaments, written disclaimers of real estate, letters of authorization related to the exercise of real estate-related rights, and agreements on the matrimonial property regime in relation to real estate, and notarization of the modification, supplementation, termination or cancellation of such transactions as prescribed by law.

Article 45. Time limit for notarization 

1. The time limit for notarization shall be counted from the date a notary receives a valid notarization request dossier and makes an entry thereof  in the notarization request register to the date of notification of notarization results. The time of verification and assessment of contents related to transactions and posting of information on the acceptance for notarization of written agreements on division of real estate shall not be included in the time limit for notarization.

2. The time limit for notarization is 2 working days; for complicated transactions, this time limit may be prolonged but must not exceed 10 working days. In case a force majeure event or an external obstacle occurs or there appears a reason from the notarization requester, leading to failure to comply with the time limit specified in this Clause, the notarization requester may agree in writing with the notarial practice organization on the time limit for notarization.

Article 46. Notarization places

1. Except the cases specified in Clause 2 of this Article, notarization shall be conducted at head offices of notarial practice organizations.

2. Notarization may be conducted outside the head office of a notarial practice organization if the notarization requester falls into the following cases:

a/ Making his/her testament at his/her place of domicile as prescribed by the Civil Code;

b/ Being unable to move due to health reasons; undergoing inpatient treatment or being quarantined under a health establishment’s indication;

c/ Being held in temporary custody or detention, serving an imprisonment sentence or being subject to administrative handling measures;

d/ Having another plausible reason as prescribed by the Government.

Article 47. Scripts and time notation in notarized documents

1. Scripts in notarized documents must be clear and legible; it is not allowed to use abbreviations or symbols, write in the space between two lines or over the lines, erase or leave blank space, unless otherwise provided by law.

2. The time of notarization shall be written in day, month and year; hour and minute may also be indicated if requested by the notarization requester or deemed necessary by the notary. Unless otherwise provided by law, the numbers indicating the time of notarization shall be written in both figures and words.

Article 48. Notary’s testimonies

1. A notary’s testimony for a transaction must clearly state the following contents:

a/ Time and place of notarization;

b/ Full name of the notary and name of the notarial practice organization;

c/ Written certification that the parties to the transaction act on a completely voluntary basis and have civil act capacity as prescribed by law, and that the purpose and contents of the transaction are compliant with law and social ethics;

d/ The statement that the signatures and/or fingerprints in the transaction are truly the signatures and/or fingerprints of the notarization requester and signature(s) and/or fingerprint(s) of the witness(es) and/or interpreter(s), if any,  and the testimony is signed or fingerprinted in the presence of the notary or signed beforehand in case of registering sample signatures under Clause 2, Article 50 of this Law;

dd/ Responsibility of the notary with regard to the transaction;

e/ Information about the reasons for conducting notarization outside the head office of the notarial practice organization and inviting witnesses or interpreters, in case of conducting notarization outside the head office of the notarial practice organization or notarization involves witnesses and interpreters.

2. A notary’s testimony must bear the signature of the notary and seal of the notarial practice organization. For electronically notarized documents, the testimony must contain the digital signatures of the notary and notarial practice organization.

3. Notaries shall, based on Clause 1 of this Article, draft notary’s testimonies suitable to each specific transaction and may not include in testimonies contents that help them evade, or exclude them from, responsibilities or that contravene law or social ethics.

4. The Minister of Justice shall specify the notary’s testimony sample.

Article 49. Notarization requesters, witnesses and interpreters

1. Notarization requesters being individuals must have civil act capacity appropriate to the transactions they conduct.

For notarization requesters being organizations, the request for notarization shall be made through their legal representatives or authorized representatives.

Notarization requesters shall produce all necessary papers related to the notarization and bear responsibility for the accuracy and lawfulness of these papers.

2. In case notarization requesters cannot read or hear or cannot sign and use their fingerprints as signatures, or in other cases prescribed by law, witnesses are required during notarization.

Witnesses shall be invited by notarization requesters or be designated by notaries if notarization requesters cannot invite any witnesses; in case notaries cannot designate witnesses, they shall refuse to perform the notarization.

Witnesses must have full civil act capacity, not fall into cases requiring witnesses as prescribed in this Clause, and have no rights, interests or obligations related to the notarization.

Witnesses must witness the notarization process in person and bear responsibility before law for their testimonies.

3. Notarization requesters who are not fluent in Vietnamese or suffer visual impairments, hearing impairments or speech impairments must have interpreters.

Interpreters shall be invited by notarization requesters and bear responsibility before law for their interpretation.

Interpreters must have full civil act capacity and are fluent in Vietnamese and the language used by notarization requesters, or know the language of the visually impaired or be able to listen and speak in the sign language of persons with hearing or speech impairments, and have no rights, interests or obligations related to the notarization.

Interpreters must accurately and fully translate the contents of transactions and  discussions between the notaries and the notarization requesters about lawful rights and interests and obligations of the parties to the transactions.

Article 50. Signing and use of fingerprints as signatures in notarized documents

1. Notarization requesters, witnesses and interpreters shall sign each page of the transactions in the presence of notaries, except the cases specified in Clause 2 of this Article or cases in which notarization requesters can neither sign nor use their fingerprints as signatures. The signing of electronically notarized documents must comply with the Government’s regulations.

The signing of notarized documents in the presence of notaries must be photographed and kept in notarial dossiers.

2. When persons competent to conclude transactions of credit institutions, enterprises, cooperatives or unions of cooperatives have registered their specimen signatures at notarial practice organizations, they may sign transaction documents beforehand; notaries shall compare their signatures in transaction documents with their specimen signatures before performing notarization.

The registration of specimen signatures shall be carried out in person at notarial practice organizations or with official documents bearing wet-ink signatures of registrants and seals of the credit institutions, enterprises, cooperatives or unions of cooperatives.

3. Fingerprints may be used instead of signatures in case notarization requesters, witnesses or interpreters are unable to sign. In case a notarization requester, witness or interpreter intends to use his/her fingerprint as signature, he/she shall use the right forefinger; if unable to use the right forefinger, he/she may use the left forefinger; if unable to use both forefingers, he/she may use another finger and in this case the notary must clearly state in the testimony which finger of which hand is used.

4. Fingerprinting and signing may be carried out concurrently in the following cases:

a/ Notarization of testaments;

b/ At the request of the notarization requester;

c/ The notary finds it necessary to protect the interests of the notarization requester.

Article 51. Pagination and fan-stamping of notarized documents

1. A notarized document containing two or more pages shall be paginated, starting from number 1 on the first page of the transaction and continuing until the last page of the testimony.

2. A notarized document containing two or more pages must be fan-stamped.

3. Pagination and the confirmation of the integrity of electronically notarized documents must comply with the government’s regulations.

Article 52. Correction of technical errors in notarized documents

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

2. The correction of technical errors in a notarized document shall be carried out at the notarial practice organization that notarized the document. In case the notarial practice organization that notarized the document has terminated operation or been transformed or dissolved, a notary of the notarial practice organization that is keeping the notarial dossier shall correct technical errors. In case the notarial practice organization is being suspended from operation, the correction of technical errors in the notarized document must comply with  Clause 4, Article 32 of this Law.

3. The notary who corrects technical errors in a notarized document shall collate each error against papers in the notarial dossier, underline the errors to be corrected, write the correct words, marks or numbers on the margin of the page where exist the errors and inscribe the time of correction together with his/her full name, then sign and append the seal of the notarial practice organization. If the margin does not have sufficient space for correction of technical errors, the above-mentioned contents may be written on an attached page.

The notary shall correct technical errors on all originals of the notarized document, unless it is impossible to retrieve all originals. The correction of technical errors must be notified in writing to the parties involved in the transaction within 3 working days after the correction is completed.

4. The correction of technical errors in electronically notarized documents must comply with the Government’s regulations.

Article 53. Notarization of the modification, supplementation, termination or cancellation of transactions

1. Documents modifying and supplementing, or agreements on termination of, a notarized contract may be notarized only with the written agreements or commitments of all parties to that contract, unless otherwise provided by law.

Documents modifying, supplementing, terminating or cancelling a document that is a unilateral legal act shall be notarized upon request of the person who has signed the document, unless otherwise provided by law.

2. Documents modifying, supplementing, terminating or cancelling a notarized transaction shall be notarized by a notary of the notarial practice organization that notarized such document, except the case specified in Clause 4, Article 58 of this Law. If the notarial practice organization that notarized the document has terminated operation or been transformed or dissolved, a notary of the notarial practice organization that is keeping the notarial dossier shall perform the notarization. If the notarial practice organization is suspended from operation, the modification, supplementation, termination or cancellation of the notarized transaction must comply with Clause 4, Article 32 of this Law.

3. Procedures for notarization of the modification, supplementation, termination or cancellation of notarized transactions are the same as procedures for notarization of transactions prescribed in this Chapter.

Article 54. Persons having the right to request courts to declare a notarized document null and void

The notary who notarized the document, notarization requester, witness(es), interpreter(s), person(s) with related rights and obligations and competent state agencies may request courts to declare the notarized document null and void when having grounds to believe that the notarization involves violations of law.

Section 2

PROCEDURES FOR NOTARIZATION OF TRANSACTIONS, SAFE KEEPING OF TESTAMENTS

Article 55. Principles of performance of notarization procedures

Procedures for notarization of real estate mortgage contracts, authorization contracts, testaments, written agreements on division of inheritance, or written disclaimers of estate must comply with the provisions of Section 1 of this Chapter and the relevant provisions of this Section applicable to each type of transactions.

Article 56. Notarization of real estate mortgage contracts

1. The competence to notarize real estate mortgage contracts must comply with Article 44 of this Law.

2. In case a real estate has been mortgaged to secure the performance of obligations and the mortgage contract has been notarized but such real estate is later further mortgaged to secure the performance of another or other obligation(s) within the scope permitted by law, the subsequent mortgage contract(s) must be notarized at the notarial practice organization that notarized the first mortgage contract. In case the notarial practice organization that notarized the first contract has terminated operation or been transformed or dissolved, notaries of the notarial practice organization that is keeping the notarial dossier shall notarize the subsequent mortgage contract(s). In case the notarial practice organization that notarized the first contract is suspended from operation, the notarization of the subsequent mortgage contract(s) must comply with Clause 4, Article 32 of this Law.

Article 57. Notarization of an authorization contract in case both the authorizing party and the authorized party cannot together go to a notarial practice organization

1. In case both the authorizing party and the authorized party cannot together go to a notarial practice organization, the authorizing party may request the notary of the notarial practice organization it/he/she selects to certify the request for authorization in the authorization contract; the authorized party may request the notary of the notarial practice organization it/he/she selects to further certify the acceptance of the authorization in the original authorization contract, complete the notarization of the authorization contract and send 1 original notarized document to the notarial practice organization that performed the notarization for the authorizing party for inclusion in the notarial dossier for archiving.

The notarized document of the authorization contract shall take effect at the time notaries of the notarial practice organizations that are requested by the authorizing party and the authorized party to perform the notarization sign and append with the seals of these organizations on it. In case the notarized document of the authorization contract is an electronic notarized document, it must bear digital signatures of notaries and these notarial practice organizations.

2. The notarization of the modification, supplementation, or agreement on termination, of an authorization contract specified in Clause 1 of this Article must comply with Article 53 of this Law. The authorizing party and the authorized party may reach an agreement so that the authorizing party will request a notary of the notarial practice organization that notarized the authorization to notarize the modification, supplementation, or agreement on termination, of the authorization contract and then send 1 original notarized document to the authorized party for the latter to request a notary of the notarial practice organization that notarized the acceptance of the authorization to further notarize the modification, supplementation, or agreement on termination, of the authorization contract and send 1 original notarized document to the notarial practice organization that performed the notarization for the authorizing party for inclusion in the notarial dossier for archiving.

In case both parties jointly request notarization at either of the notarial practice organizations that notarized the authorization contract, that notarial practice organization shall notify and send 1 copy of the document modifying or supplementing, or the agreement on termination of, the contract to the other notarial practice organization for inclusion in the notarial dossier for archiving.

3. The correction of technical errors in the notarized document specified in Clause 1 of this Article shall be carried out at the notarial practice organizations that notarized the documents, unless otherwise provided by law. The notary shall correct technical errors under Clauses 3 and 4, Article 52 of this Law and notify the correction to the other notarial practice organization that notarized the document within 3 working days after the correction is completed.

Article 58. Notarization of testaments

1. A testator may not authorize another person to sign or sign and press his/her fingerprint on his/her notarized testament but shall personally do so. If a testator cannot sign and press his/her fingerprints on the testament, the making of the testament must have a witness as prescribed in Clause 2, Article 49 of this Law.

2. In case the notary doubts that a testator shows signs of losing his/her civil act capacity or has civil act capacity limited or difficulty in cognition and act control or has grounds to believe that the testament has been made deceitfully or under threat or coercion, the notary shall request the testator to clarify the matter or may refuse to notarize that testament if the testator cannot clarify the matter.

3. In case the life of a testator is under threat, the testator shall not be required to produce all the papers specified in Clause 1, Article 42 of this Law but shall clearly state such papers in the notarized document.

Within 3 months after making the testament under this Clause, if the life of the testator is no longer in danger, the testator shall submit the papers specified in Clause 1, Article 42 of this Law; if the testator fails to submit the papers specified in Clause 1, Article 42 of this Law, the notarized document of the testament shall be no longer valid.

4. A testator who wishes to modify, supplement, replace, or cancel part or the whole of, his/her notarized testament may request a notary of any notarial practice organization to notarize the modification, supplementation, replacement or cancellation. In case the previous testament is being kept at a notarial practice organization, the testator shall notify this organization of the modification, supplementation, replacement or cancellation of part or the whole of, that testament.

Article 59. Notarization of documents on division of estate

1. The heirs at law or under a testament may request notarization of the document on division of the estate.

Notaries shall examine and ensure that the division of the estate complies with the Civil Code and relevant laws.

2. A dossier of request for notarization of a document on division of estate must comprise the papers specified in Clause 1, Article 42 or Clause 1, Article 43 of this Law and the following papers:

a/ The death certificate or another paper proving the estate bequeather’s death.

b/ The testament in case of inheritance under a testament; papers proving the relationship between the estate bequeather and the estate heir in case of inheritance at law and in case of heirs notwithstanding contents of testament as prescribed in the Civil Code;

c/ Papers proving the estate bequeather’s land use rights or asset ownership in case the estate is land use rights or an asset subject to ownership registration under law.

3. A notary shall verify whether an estate bequeather is the person having land use rights or asset ownership and the notarization requester(s) is/are estate heir(s); if anything is unclear, the notary shall request clarification or conduct verification or solicit assessment in accordance with Clause 4, Article 42 of this Law.

4. Notarial practice organizations shall post up information on acceptance of requests for notarization of documents on division of estate. Notaries may only notarize documents on division of estate after it is confirmed that the posting of information has been completed and there are no complaints or denunciations concerning the estate division.

The Government shall specify procedures for posting information on acceptance of requests for notarization of documents on division of estates as specified in this Clause.

5. The procedures for notarization of documents on division of estates as specified in Clauses 2, 3, and 4 of this Article also apply to cases of inheritance under testaments or inheritance at law where there is only one heir.

6. Notarized documents on division of estate shall serve as a basis for competent state agencies to register the transfer of land use rights or asset ownership to estate heirs.

Article 60. Notarization of written disclaimers of estate

1. Heirs may request notarization of written disclaimers of estate in accordance with the Civil Code.

2. A dossier of request for notarization of a written disclaimer of estate must comprise the papers specified in Clause 1, Article 42 or Clause 1, Article 43 of this Law and the following papers:

a/ The death certificate or another paper proving the estate bequeather’s death.

b/ The testament, in case of inheritance under a testament; papers proving the relationship between the estate bequeather and the estate heir in case of inheritance at law and in case of heirs notwithstanding contents of testament as prescribed in the Civil Code.

Article 61. Testament safe keeping and announcement of stored testaments

1. A testator may request a notarial practice organization to receive his/her testament for safe keeping. Upon the receipt of a testament for safe keeping, a notary shall seal up the testament in the presence of the testator, make a safe keeping receipt and hand it to the testator. The safe keeping receipt must contain information about the notarial practice organization that keeps the testament, the notary that seals up the testament and the testator.

2. When the notarial practice organization that receives testaments for safe keeping terminates operation or is transformed or dissolved, it shall, before terminating operation or being transformed or dissolved, reach agreement with the testator on the transfer of the testament to another notarial practice organization for safe keeping. If there is no agreement or in case of failure to reach agreement, the testament and safe keeping charge shall be returned to the testator. If it is impossible to contact the testator, the testament shall be transferred to the notarial practice organization that takes over the records from the organization that has terminated operation or been transformed or dissolved. 

3. The announcement of testaments kept at notarial practice organizations must comply with the Government’s regulations.

Section 3

E-NOTARIZATION

Article 62. Principles and scope of e-notarization

1. E-notarization means the notarization which is performed by electronic means to create electronically  notarized documents, adhering to the principles specified in Article 5 of this Law and the following principles:

a/ Ensuring security and safety, protecting data messages and information confidentiality in accordance with law; ensuring the information in data messages accessible and usable for reference purposes;

b/ Notaries and notarial practice organizations may provide e-notarization services when fully satisfying the conditions specified in Article 63 of this Law.

2. Based on socio-economic conditions, and demand of, and capacity to provide, e-notarization services in each period, the Government shall specify the scope of transactions eligible for e-notarization.

The Government shall detail Articles 63 and 64 of this Law.

Article 63. Conditions for provision of e-notarization services

1. A notary may provide e-notarization services when fully satisfying the following conditions:

a/ Having an account to conduct e-notarization;

b/ Having a digital signature and using the time-stamping service in accordance with the law on e-transactions.

2. A notarial practice organization may provide e-notarization services when fully satisfying the following conditions:

a/ Having an account to conduct e-notarization;

b/ Having a digital signature and using the time-stamping service in accordance with the law on e-transactions;

c/ Having sufficient technical equipment to conduct e-notarization.

Article 64. Electronically notarized documents

1. Electronically notarized document means an electronic certificate created in adherence to the principles and within the scope specified in Article 62 of this Law.

2. An electronically notarized document shall be effective from the date it is signed with the digital signature of a notary and the digital signature of the notarial practice organization.

3. The validity of electronically notarized document must comply with Clauses 2 and 3, Article 6 of this Law.

4. The conversion of electronically notarized documents into paper notarized documents and vice versa shall be carried out in accordance with the law on e-transactions.

A converted notarized document shall have the same validity as the original one when it fully satisfies the conditions specified in the law on e-transactions, unless it is stipulated by law that the ownership of documents of that type may be transferred and these documents only exist in only one form.

Article 65. E-notarization process, procedures and dossiers

1. E-notarization shall be performed according to the process of in-person e-notarization or online e-notarization as follows:

a/ In-person e-notarization means a notarization requester concluding a transaction in the presence of a notary; the notary and notarial practice organization shall certify the transaction with their digital signatures to create an electronically notarized document;

b/ Online e-notarization means the situation whereby parties to a transaction request notarization but are not present at the same location and conclude the transaction via online means in the presence of a notary; the notary and notarial practice organization shall certify the transaction with their digital signatures to create an electronically notarized document.

2. The procedures for e-notarization must comply with Sections 1 and 2 of this Chapter.

3. The Government shall specify the e-notarization process and procedures; and e-notarization dossiers.

Chapter VI

NOTARIAL DATABASES AND ARCHIVING OF NOTARIZATION DOSSIERS

Article 66. Notarial databases

1. Notarial databases include the notarial database of the Ministry of Justice and notarial databases of localities.

2. The notarial database of the Ministry of Justice includes information on notaries, notarial practice organizations, data on results of notarial activities; and information integrated and synchronized from notarial databases of localities according to the roadmap specified by the Government.

The Ministry of Justice shall build its notarial database and promulgate regulations on management, updating, exploitation, use and sharing of its notarial database.

3. Notarial databases of localities include information on the origin of assets, transaction status of assets, information on risk prevention and warning measures in notarial activities, and information on notarized transactions, notarized documents and related documents in notarial dossiers.

Provincial-level People’s Committees shall develop notarial databases of their localities and promulgate regulations on management, updating, exploitation, use and sharing of notarial databases of localities.

4. A notarial database must be sufficiently, accurately and promptly updated, ensuring security and safety in accordance with law. The collection, exploitation, use and provision of information in notarial databases must comply with the law on protection of privacy, personal secrets and family secrets.

The connection and sharing of information between notarial databases and national databases, databases of ministries, sectors and localities, and other databases must ensure efficiency, safety and conformity with the functions, tasks and powers specified in this Law and other relevant laws.

5. Funds for building, management, operation, maintenance and upgrading of notarial databases shall be allocated from the state budget and other sources in accordance with law.

6. The Government shall detail this Article.

Article 67. Notarial dossiers

1. A notarial dossier includes the original notarized document; copies of documents submitted by the notarization requester and printouts of information exploited by the notarial practice organization from the National Population Database and other databases in accordance with law; verification and appraisal documents; a photo of the notarization requester signing the notarized document in the presence of a notary, except cases where specimen signatures have been registered at the notarial practice organization under Clause 2, Article 50 of this Law; and other relevant documents.

2. Notarial dossiers shall be numbered chronologically in conformity with the recording in the notarial register.

Article 68. Storage of notarial dossiers

1. Notarial practice organizations shall strictly preserve and take sufficient security and safety measures for prevention and control of fire, explosion, mold, and termites for notarial dossiers.

2. Notarial dossiers must be retained at the head offices of the notarial practice organizations for at least 30 years for transactions with objects being real estate or at least 10 years for other types of transactions from the effective date of the notarized documents; cases of storing notarial dossiers outside the head office of the notarial practice organization must obtain written consent of the provincial-level Department of Justice of the locality where the notarial practice organization’s head office is located.

3. When a competent state agency requests in writing the supply of a notarial dossier for supervision, examination, inspection, investigation, prosecution, trial or judgment enforcement related to the notarized affairs, the concerned notarial practice organization shall supply copies of notarized documents and other relevant papers. The collation of copies of notarized documents with their originals may only be conducted at the notarial practice organization where the notarial dossier is stored.

4. The distraint of assets and search of head offices of notarial practice organizations must be conducted in accordance with law and in the presence of representatives of provincial-level Departments of Justice or representatives of local notary associations.

5. In case a notarial practice organization is dissolved or terminates its operation, it shall reach an agreement with another notarial practice organization within the province or centrally run city on the receipt of its notarial dossiers.

In case such agreement cannot be reached, the provincial-level Department of Justice shall designate a state-run notary office to receive notarial dossiers; in case the locality does not have a state-run notary office, the provincial-level Department of Justice shall designate a qualified notary office to receive notarial dossiers; in case the notarial practice organization is dissolved or terminates operation and cannot pay expenses for storage of notarial dossiers, such expenses shall be covered by the local budget.

In case a state-run notary office is converted into a notary office, its notarial dossiers shall be stored by the notary office.

6. The Government shall detail this Article and the storage of e-notarial dossiers.

Article 69. Issuance of copies of notarized documents

1. Copies of a notarized document shall be issued in the following cases:

a/ At the request of competent state agencies in the cases specified in Clause 3, Article 68 of this Law;

b/ At the request of the parties to the notarized transaction, and persons with rights and obligations related to the notarized transaction.

The issuance of copies of the notarized document at the request of persons with rights and obligations related to the notarized transaction must be agreed by the notarization requester; in case the notarization requester has died or been declared dead by the court, for individuals, or has terminated operation, for legal persons, it is required to obtain the consent of the heir(s) or individual(s) and/or organization(s) taking over the rights and obligations of the notarization requester, as the case may be.

2. Copies of notarized documents shall be issued by notarial practice organizations where original notarized documents are stored.

3. The issuance of copies of notarized documents stored at notarial practice organizations that are suspended from operation must comply with Clause 4, Article 32 of this Law.

Chapter VII

NOTARIZATION CHARGES, CHARGES AND CHARGE RATES OF NOTARIZATION-RELATED ON-DEMAND SERVICES, AND OTHER EXPENSES

Article 70. Notarization charges

1. Notarization charges include the charge for notarization of transactions, the charge for safe keeping of testaments and the charge for issuance of copies of notarized documents.

Persons requesting notarization of transactions, safe keeping of testaments and issuance of copies of notarized documents shall pay notarization charges.

2. The rates, and collection, payment, use and management of notarization charges must comply with the law on charges and fees.

Article 71. Charges and charge rates of notarization-related on-demand services

1. Notarization requesters shall pay charges for exploitation and use of information related to transactions in accordance with law and on-demand service charges related to notarial jobs when requesting notarial practice organizations to compile transactions, typewrite or make copies, or translate papers or documents related to the transactions.

2. Provincial-level People’s Committees shall promulgate ceiling rates of charges for notarization-related on-demand services to be applied to notarial practice organizations in their localities. Notarial practice organizations shall determine a specific charge rate for each service which must not exceed the ceiling rates promulgated by provincial-level People’s Committees, and publicly post up the service charge rates at their head offices.

3. Notarial practice organizations shall clearly explain charges and charge rates for notarization-related on-demand services specified in this Article to notarization requesters.

Article 72. Other expenses

1. A notarization requester shall pay expenses in the following cases:

a/ The notarization requester requests verification or assessment serving the notarization;

b/ The notarization requester requests the notarial practice organization to perform the notarization outside the head office of the notarial practice organization or beyond work days or work hours;

c/ The notarial practice organization posts up information about receipt of requests for notarization of documents on division of estate.

2. Specific expense rates shall be agreed upon by notarization requesters and notarial practice organizations.

3. Notarial practice organizations shall post up information on the principles of calculating other expenses and clearly explain these expenses to notarization requesters.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 73. Notarization by overseas representative missions of the Socialist Republic of Vietnam

1. Overseas diplomatic representative missions and consular offices of the Socialist Republic of Vietnam may notarize testaments, written disclaimers of estate, authorization documents, and other transactions in accordance with this Law and the law on consular and diplomatic affairs, except contracts on purchase and sale, conversion, transfer, donation, lease and mortgage of, and contribution of capital with, real estate in Vietnam.

2. Consular officers and diplomatic officers assigned to perform notarization must possess a bachelor’s degree, master’s degree or doctor’s degree in law or be trained in notarization.

3. Consular officers and diplomatic officers shall perform notarization according to the procedures specified in Chapter V of this Law and have the rights specified at Points c, d and dd, Clause 1 and the obligations specified at Points a, b, d, dd, e, i and l, Clause 2, Article 18 of this Law.

Article 74. To amend and supplement Clause 1, Article 398 of Civil Procedure Code No. 92/2015/QH13, which has a number of articles amended and supplemented under Law No. 45/2019/QH14, Law No. 59/2020/QH14, Law No. 13/2022/QH15, Law No. 19/2023/QH15 and Law No. 34/2024/QH15

To amend and supplement Clause 1, Article 398 as follows:

“1. The notary who notarized the document, notarization requester, witness, interpreter, person with related rights or interests, and competent state agency may request the court to declare that the notarized document is null and void if having grounds to believe that the notarization involves violation of the law on notarization.”.

Article 75. Effect

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

2. Law No. 53/2014/QH13 on Notarization, which has a number of articles amended and supplemented under Law No. 28/2018/QH14 and Law No. 16/2023/QH15 (below referred to as Law No. 53/2014/QH13 on Notarization), ceases to be effective on the effective date of this Law, except the cases specified in Clauses 1, 2, 3, 6, 7, 9, 11, 12 and 14, Article 76 of this Law.

Article 76. Transitional provisions on notarial activities from the effective date of this Law

1. A person who has obtained a certificate of completion of notary-further training course as specified in Law No. 53/2014/QH13 on Notarization before the effective date of this Law may register for probation as a notary in accordance with this Law.

A person who has participated in a notary training course or notary further-training course as specified in Law No. 53/2014/QH13 on Notarization but has not completed the course by the effective date of this Law shall continue to complete the course under the Law; the registration for notarial practice probation after being granted the certificate shall be carried out in accordance with this Law.

2. A person who has completed the probation period as specified in Law No. 53/2014/QH13 on Notarization may register to take a notarial practice probation test in accordance with this Law.

A person who has registered for probation or probationer specified in Law No. 53/2014/QH13 on Notarization who has not undergone or completed the probation by the effective date of this Law shall be allowed to undergo the probation and must fulfill the obligations of probationers as specified in this Law from the effective date of this Law; the registration for notarial practice probation test must comply with this Law.

A person who has been granted a notarial practice probation certificate under Law No. 53/2014/QH13 on Notarization but, past 5 years from the effective date this Law, still fails to apply for appointment as notary shall have his/her certificate invalidated.

3. Dossiers for appointment, reappointment and relief of notaries from office which have been submitted under Law No. 53/2014/QH13 on Notarization but, by the effective date of this Law, not yet resolved by competent state agencies by the effective date of this Law, shall continue to be resolved in accordance with the Law.

4. The reappointment of notaries who are relieved from office before the effective date of this Law must comply with this Law.

5. Notaries who are aged over 70 years and are practicing as notary as of the effective date of this Law may continue to practice as notary for a period of 2 years, counted from the effective date of this Law; notaries who are aged from full 68 years to full 70 years as of the effective date of this Law may practice as notary until they reach full 72 years old. Upon the expiration of the above-mentioned periods, these notaries shall be automatically relieved from office.

6. Notary offices that were established before the effective date of this Law but, by the effective date of this Law, have not yet registered operation, shall continue to register operation in accordance with Law No. 53/2014/QH13 on Notarization.

7. In case a notary office was established before the effective date of this Law but, by the effective date of this Law, has not formulated its charter, it shall formulate and submit its charter to the provincial-level Department of Justice within 3 months from the effective date of this Law; in case a general partner of the notary office has not yet contributed capital to the notary office, he/she must contribute capital and send proofs to the provincial-level Department of Justice within the above-mentioned time limit.

The revocation of a decision permitting the establishment or termination of operation of a notary office established under Law No. 53/2014/QH13 on Notarization must comply with this Law.

A notary office that has only one general partner as of the effective date of this Law shall still be allowed to add more general partner(s) in accordance with Law No. 53/2014/QH13 on Notarization within 6 months from the date the notary office has only one general partner.

8. The change of general partners of a notary office established under Law No. 53/2014/QH13 on Notarization must comply with this Law.

A person who has terminated his/her general partner status at a notary office in accordance with Law No. 53/2014/QH13 on Notarization shall, from the effective date of this Law, comply with this Law when establishing or jointly establishing a new notary office, becoming the general partner of another notary office or purchasing a notary office organized and operating as a sole proprietorship; the 2-year period shall be calculated from the effective date of the provincial-level Department of Justice’s decision on termination of his/her general partner status.

9. Notary’s cards issued before the effective date of this Law may be further used. The re-issuance of notary’s cards and issuance of new cards must comply with this Law.

10. A notary who has practiced as notary before the effective date of this Law but has yet to join a notary association shall, within 3 months from the effective date of this Law, join the notary association in the locality where he/she practices as notary and maintains his/her membership throughout the period of notarial practice in the locality.

11. For contracts and transactions that have been notarized before the effective date of this Law, the issuance of copies, and amendment, supplementation, termination, cancellation, and correction of technical errors must comply with this Law.

Translations that have been notarized before the effective date of this Law shall continue to be valid; if wishing to use the translations, it is requested to carry out the procedures for authenticating the translators’ signatures in accordance with this Law and the law on authentication.

12. For notarial dossiers that have been archived in accordance with Law No. 53/2014/QH13 on Notarization, if, by the effective date of this Law, the retention period has not yet expired, the retention period must still comply with Law No. 53/2014/QH13 on Notarization

13. Within 1 year from the effective date of this Law, the Government shall organize a review of provisions on transactions subject to notarization in legal documents promulgated before the effective date of this Law and complete the amendment, supplementation and annulment of such provisions according to its competence or submit to the competent agencies for amendment, supplementation and annulment of the provisions that do not meet the requirements on transactions subject to notarization specified in Clause 1, Article 3 of this Law. After the deadline specified in this Clause, the provisions on transactions subject to notarization in the decree issued before the effective date of this Law which are not specified by the Government as assigned by law, but meet other requirements specified in Clause 1, Article 3 of this Law and the provisions on transactions subject to notarization in the decree issued to handle the review results specified in this Clause shall still remain valid.

14. Notary offices established before the effective date of this Law may remain their operation and must satisfy the conditions specified in Article 20 of this Law within 1 year from the effective date of this Law.

This Law was passed on November 26, 2024, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-

Chairman of the National Assembly
TRAN THANH MAN