Chương VII Luật Công chứng 2006: Xử lý vi phạm, khiếu nại và giải quyết tranh chấp

Chapter VII

DEALING WITH BREACHES, COMPLAINTS AND DENUNCIATIONS, RESOLUTION OF DISPUTES

Article 58. Dealing with breaches by public notaries

Any notary who breaches the provisions of this Law shall, depending on the nature and seriousness of the breach, be disciplined, subject to an administrative penalty or be prosecuted for criminal liability; and if the breach causes loss, the notary must pay compensation in accordance with law.

Article 59. Dealing with breaches by notary practising organizations

Any notary practising organization which breaches the provisions of this Law shall, depending on the nature and seriousness of the breach, be subject to an administrative penalty in accordance with the law on dealing with administrative offences; and if the breach causes loss, the notary practising organization must pay compensation in accordance with law.

Article 60. Dealing with breaches being an infringement of legitimate rights and interests of notaries or notary practising organizations

Any person in a position of authority who commits an act infringing the legitimate rights and interests of a notary or notary practising organization, or who obstructs a notary or notary practising organization from exercising rights or performing obligations shall, depending on the nature and seriousness of the breach, be disciplined or prosecuted for criminal liability; and if such act causes loss, the offender must pay compensation in accordance with law.

Article 61. Dealing with breaches being illegal conduct of notary practice

1. Any individual who is ineligible for notary practice but still practises as a notary in any form must promptly terminate such practice, and shall be subject to an administrative penalty in accordance with the law on dealing with administrative offences or be prosecuted for criminal liability; and if such conduct causes loss, the offender must pay compensation in accordance with law.

2. Any organization which is ineligible for notary practice but still practises as a notary organization in any form must promptly terminate such practice, and shall be subject to an administrative penalty in accordance with the law on dealing with administrative offences; and if such conduct causes loss, the organization must pay compensation in accordance with law.

Article 62. Dealing with breaches by applicants for notarization

Any applicant for notarization who changes a document or who uses false documents when making such request shall, depending on the nature and seriousness of the breach, be subject to an administrative penalty in accordance with the law on dealing with administrative offences or be prosecuted for criminal liability; and if such act causes loss, the offender must pay compensation in accordance with law.

Article 63. Complaints

An applicant for notarization shall have the right to complain about a refusal to notarize on the grounds that such refusal is contrary to law or violates his or her legitimate rights and interests.

The head of a Public Notary Office or the head of a private notary office shall be responsible to deal with any such complaint within three working days from the date of receipt of such complaint. If an applicant disagrees with the decision resolving the complaint by the head of such Public Notary Office or private notary office, the complainant shall have the right to lodge a further complaint with the director of the Department of Justice; and the director of the Department of Justice shall provide a response thereto within five working days from the date of receipt of such further complaint.

Article 64. Dispute resolution

In the case of a dispute between an applicant for notarization and a notary or notary practising organization regarding professional notary practice, the parties shall have the right to initiate proceedings with the court in order to resolve such dispute.