Chapter IV

NOTARIAL PRACTICE

Article 34. Forms of professional practice by notaries

1. Forms of professional practice by notaries include:

a/ Notaries of notary bureaus;

b/ Notaries being partners of notary offices;

c/ Notaries working under labor contracts at notary offices.

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

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 labor law.

Article 35. Registration of professional practice

1. Notarial practice organizations shall make professional practice registration for their notaries at provincial-level Justice Departments with which the notarial practice organizations have registered their operation.

Notary offices shall make professional practice registration for their notaries when making operation registration or registration of changes of operation registration contents under Article 23 or 24 of this Law.

Notary bureaus shall make professional practice registration for their notaries after obtaining establishment decisions or recruiting new notaries.

2. Provincial-level Justice Departments shall register notarial practice for and grant notary’s cards to notaries of notarial practice organizations; in case of refusal, they shall issue a written notice clearly stating the reason to notarial practice organizations and notaries.

3. When a notary stops working at a notarial practice organization, this organization shall notify it to the provincial-level Justice Department for deregistration of the practice of this notary. This notary may not sign notarized documents from the date of termination of his/ her partner status or termination of his/her working contract or labor contract with the notarial practice organization.

Article 36. Notary’s cards

1. Notary’s cards serve as a basis for proving notarial practice status of notaries. When practicing notarization, notaries shall carry their notary’s cards.

2. In case their granted cards are lost or damaged, notaries shall be re-granted notary’s cards.

In case notaries are relieved from duty or subject to deregistration of their practice, their notary’s cards shall be revoked.

3. The Minister of Justice shall stipulate in detail the form of notary’s card, and procedures for notarial practice registration and grant, re-grant and revocation of notary’s cards.

Article 37. Professional liability insurance for notaries

1. Professional liability insurance for notaries is compulsory insurance. The purchase of professional liability insurance for notaries shall be maintained throughout the operation duration of a notarial practice organization.

2. Notarial practice organizations are obliged to purchase professional liability insurance for their notaries.

Within 10 working days from the date of insurance purchase or the date of modification or extension of contracts on professional liability insurance for notaries, a notarial practice organization shall notify such and send copies of these contracts or the modified or extended contracts to the provincial-level Justice Department.

3. The Government shall stipulate in detail conditions for, premium rates and minimum premiums of, professional liability insurance for notaries.

Article 38. Compensation and indemnity 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 or interpreters being their collaborators in the process of notarization.

2. Notaries, employees or interpreters being collaborators 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; in case they fail to indemnify such amount, the notarial practice organization may request a court to settle.

Article 39. Socio-professional organizations of notaries

1. Socio-professional organization of notaries means a self-managed organization established at the central or provincial level to represent and protect lawful rights and interests of notaries; issue rules on notarial practice ethics; supervise compliance with the notarization law and the rules on notarial practice ethics; join state agencies in organizing notarial practice training, re-training and probation; consult competent agencies on the appointment and relief from duty of notaries, the establishment, consolidation, merger, transfer or operation termination of notarial practice organizations; and perform other tasks related to notarial activities under the Government’s regulations.

2. The Government shall stipulate in detail the establishment, organizational structure, tasks and powers of socio-professional organizations of notaries.