Chương V Luật Công chứng 2006: Lưu trữ hồ sơ công chứng

Chapter V

 ARCHIVING NOTARIZATION FILES

Article 53. Notarization files

1. A notarization file shall contain the application for notarization of the contract or transaction, the original of the notarized document, copies of the papers presented by the applicant, documents regarding any verification or assessment, and other relevant documents.

2. Each notarization file must be numbered corresponding to the time it is recorded in the notarization register.

Article 54. System for archiving notarization files

1. Notary practising organizations must strictly preserve, and take appropriate security measures for their notarization files.

2. The original of a notarized document must be kept for at least twenty (20) years, and other documents in a notarization file must be kept for at least five (5) years.

3. Where a competent State body makes a written request for the supply of a notarization file to facilitate supervision, a check or inspection, an investigation, prosecution, trial or enforcement of a judgment relating to the matter which was notarized, the notary practising organization shall be responsible to supply a copy of the notarized document and other relevant documents. Any comparison of the copy of a notarized document with the original shall only be carried out at the premises of the notary practising organization currently holding such file.

4. Where a Public Notary Office is dissolved, its notarization files must be handed over to another Public Notary Office or private notary office as designated by the Department of Justice.

Where a private notary office terminates its operation, it must enter into an agreement with another private notary office on handover of its notarization files. If such an agreement is not reached, this must be reported to the Department of Justice so that it can designate a Public Notary Office or another private notary office to receive the notarization files.

Article 55. Provision of duplicates of notarized documents

1. Duplicates of a notarized document shall be provided in the following circumstances:

(a) Upon request by a competent State body in any of the circumstances referred to in article 54.3 of this Law;

(b) Upon request by any party to the notarized contract or transaction or by a person with related rights and interests to such notarized document.

2. Duplicates of a notarized document shall be provided by the notary practising organization currently holding the original of such notarized document.