Chapter VIII

STATE MANAGEMENT OF NOTARIZATION

Article 69. Responsibilities of the Government, the Ministry of Justice and related ministries and sectors for the state management of notarization

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

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

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

b/ To elaborate, and submit to the Government for promulgation, notarial profession development policies, and submit to the Prime Minister for promulgation master plans on development of notarial practice organizations nationwide;

c/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding, organizing and managing the implementation of master plans on development of notarial practice organizations nationwide;

d/ To disseminate the notarization law and notarial profession development policies;

dd/ To appoint, re-appoint or relieve from duty notaries;

e/ To approve the charter of the national socio-professional organization of notaries after reaching agreement with the Ministry of Home Affairs; to suspend the implementation and request revision of documents and regulations of socio-professional organizations of notaries which are contrary to the Constitution, this Law and other relevant legal documents;

g/ To conduct examination and inspection, handle violations, and settle complaints and denunciations about notarial activities within its competence;

h/ To annually report on notarial activities to the Government;

i/ To manage and carry out international cooperation on notarial activities;

k/ Other tasks and powers prescribed in this Law and other relevant legal documents.

3. The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice in guiding, examining and inspecting notarial activities conducted by overseas Vietnamese representative missions, and organizing professional notarization re-training for consuls and diplomats assigned to conduct notarization; and annually report on notarial activities of overseas Vietnamese representative missions to the Ministry of Justice for summarization and reporting to the Government.

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

Article 70. Tasks and powers of provincial-level People’s Committees and Justice Departments in the state management of notarization

1. Provincial-level People’s Committees shall perform the state management of notarization in localities, and have the following tasks and powers:

a/ To organize the implementation of, and disseminate, the notarization law and notarial profession development policies;

b/ To take measures to develop notarial practice organizations in localities in conformity with the Prime Minister-approved master plan on development of notarial practice organizations;

c/ To decide on the establishment of notary bureaus and ensure physical foundations and working facilities for them; to decide on the dissolution or transformation of notary bureaus in accordance with this Law;

d/ To promulgate criteria for approving dossiers of request for establishment of notary offices; to promulgate decisions permitting the establishment or change, and revoke decisions permitting the establishment of notary offices, and permit the transfer, consolidation or merger of notary offices;

dd/ To promulgate ceiling rates of notarization remuneration in localities;

e/ To conduct examination and inspection of, handle violations, and settle complaints and denunciations about, notarization within their competence; to coordinate with the Ministry of Justice in conducting examination and inspection of notarization;

g/ To report on the establishment, transformation and dissolution of notary bureaus to the Ministry of Justice; to permit the establishment, consolidation, merger or transfer of notary offices in localities; and annually report on notarial activities in localities to the Ministry of Justice for summarization and reporting to the Government;

h/ Other tasks and powers prescribed in this Law and other relevant legal documents.

2. Provincial-level Justice Departments shall assist provincial-level People’s Committees in performing the state management of notarization in localities, and perform the tasks and exercise the powers prescribed in this Law and other relevant legal documents.