Nghị định 29/2015/NĐ-CP hướng dẫn Luật Công chứng

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 29/2015/NĐ-CP	Hanoi, March 15, 2015

 

DECREE

ELABORATION OF AND GUIDELINES FOR THE LAW ON NOTARIZATION

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Notarization dated June 20, 2014;

At the request of the Minister of Justice,

The Government promulgates a Decree to elaborate and provide guidelines for the Law on Notarization.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates and provide guidelines for some Articles on conversion of public notary offices into private notary offices; consolidation, acquisition, transfer of private notary offices; incentives for private notary offices in disadvantaged areas and extremely disadvantaged areas; facilities of private notary offices; posting of reception of orders for notarization of agreements on division of inheritance, declaration of inheritance; professional liability insurance of notaries, and socio-professional organizations of notaries.

Article 2. Regulated entities

This Decree applies to notaries, notary organizations, socio-professional organizations of notaries, people who need notarization, relevant organizations and individuals.

Chapter II

NOTARY ORGANIZATIONS

Section 1. CONVERSION OF PUBLIC NOTARY OFFICE INTO PRIVATE NOTARY OFFICE

Article 3. Targets, requirements of conversion

1. Keep implementing policies on private sector involvement in notarization.

2. Ensure the balance of state interest, notaries, civil servants, and employees of converted public notary offices.

3. Ensure openness, transparency, democracy, and objectivity according to the Law on Notarization, this Decree, and relevant legislative documents; ensure the sustentation and inheritance of the converted public notary offices.

4. Adhere to the roadmap and Master plan for development of notary organizations approved by the Prime Minister.

Article 4. Rules for converting public notary offices

1. A private notary office converted from a public notary office shall inherit every right, obligation, and notary documents of the old public notary office.

2. Benefits of notaries, civil servants, employees of the old public notary office must be ensured in accordance with regulations of law on civil servants and labour.

3. A private notary office converted from a public notary office must sign employment contracts with notaries, civil servants, employees of the old public notary office, unless they do not wish to keep working at the private notary office. Contents, duration, and terms of the contracts must comply with this Decree and relevant regulations of law.

4. State-owned property under the management of the public notary office shall be handled in accordance with law to avoid loss during the conversion.

Article 5. Cases of converting public notary offices

1. The district has enough notary organizations according to the Master Plan for development of notary organizations approved by the Prime Minister and there are more private notary offices than public notary offices.

2. The district has not have enough notary organizations according to the Master Plan for development of notary organizations approved by the Prime Minister but at least 02 private notary offices have stably operated for 02 years or longer from their registration dates.

Article 6. Plan for converting public notary offices

1. If there is at least 05 public notary offices in a province, the Department of Justice of such province shall cooperate with the Department of Natural Resources and Environment, Department of Internal Affairs, and the provincial of Labor, War Invalids and Social Affairs in formulating the plan for converting public notary offices, which is then submitted to the People’s Committee of the province for approval.

The People’s Committee of the province shall consider approving the plan for converting public notary offices. Opinions of the Ministry of Justice may be sought where necessary.

2. The plan for converting public notary offices include:

a) The necessity of conversion;

b) The number of public notary offices to be converted as prescribed in Article 5 of this Decree;

c) The road map for conversion;

d) Responsibility for plan implementation.

3. Pursuant to the Plan for converting public notary offices approved by the People’s Committee of the province, the provincial Department of Justice shall cooperate with the provincial Department of Finance, Department of Internal Affairs, and Department of Labor, War Invalids and Social Affairs in formulating a conversion project for each public notary office following the procedures in Article 7 of this Decree.

If there is fewer than 05 public notary offices in the province, the plan for converting public notary offices is not required. Instead, the conversion project for each public notary office shall be made in accordance with Article 7 of this Decree.

Article 7. Plan for converting public notary offices

1. The provincial Department of Justice shall cooperate with the Department of Finance, Department of Internal Affair, the Department of Labor, War Invalids and Social Affairs, socio-professional organizations of notaries (if any) in holding meetings with notaries, civil servants, and employees of the public notary offices to be converted. The meetings shall be participated by political organizations, socio-political organizations of public notary offices to assess the organization and operation of the public notary office; consider the expectation and propose benefits of notaries, civil servants, and employees of the public notary office; the plan for settlement of property of the public notary office, and other issues related to the conversion of the public notary office.

Minutes of meeting must be made.

2. On the basis of the meeting with the public notary office to be converted, the Department of Justice shall cooperate with the Department of Internal Affairs, and Department of Labor, War Invalids and Social Affairs in formulating a public notary office conversion project, which is then submitted to the People’s Committee of the province.

The project shall specify:

a) The necessity of conversion;

b) Results of survey, assessment of the organization and operation of the public notary office to be converted over the last 03 years;

c) The conversion price;

The conversion price is determined according to the evaluation of the organization, operation, and reputation of the public notary office to be converted, the number of contracts and transactions notarized at the public notary office over the last 03 years. The conversion price does not include the value of the office building, equipment, and other state-owned property being used by or under the management of the public notary office;

d) The conversion method is specified in Article 8 of this Decree;

dd) Proposed plans for provision of benefits of notaries, civil servants, employees; plan for settlement of property and other issues of the public notary office after conversion;

e) Responsibility of the Department of Justice, Department of Internal Affairs, the Department of Labor, War Invalids and Social Affairs, and relevant organizations to implement the project.

3. The People’s Committee of the province shall issue a decision to approve the project within 15 days from the day on which the project is received. Opinions of the Ministry of Justice may be sought where necessary.

4. Within 07 working days from the day on which the People’s Committee of the province issues the decision to approve the conversion project, the Department of Justice shall send a written notification to the public notary office to be converted, the socio-professional organization of notaries of the approved conversion project. If the plan for calling bids for the right to conversion, the project shall be notified to all local notary organizations.

Article 8. Method for converting public notary offices

1. The right to conversion of the public notary office shall be transferred to the notaries working at the public notary office at the price approved by the People’s Committee of the province. Notaries of the public notary office to be converted are entitled to participate in the conversion of the public notary office. The head of the public notary office shall compile a list of notaries of the public notary office and send it to the Department of Justice, then the provincial Department of Justice shall send a report to the People’s Committee of the province for consideration.

2. The right to conversion of the public notary office shall be put up for auction if its value is high and other local notaries eligible for making bids as prescribed in Article 9 of this Decree file written requests for participate in the auction of right to conversion of the public notary office. In this case, the Department of Justice shall cooperate with the Department of Finance in requesting the People’s Committee of the province to consider establishing an Auction Council.

If equal bids are made by notaries, the notaries of the public notary office to be converted shall be given the preemptive right. If equal highest bids are made by notaries of the public notary office or by notaries who do not work at the public notary office, the Auction Council shall draw lots to select the successful bidder.

Article 9. Conditions for making bids for the right to conversion

1. The bidder for the right to conversion of the public notary office must be a notary practicing in the province in which the public notary office is located; the intended head of the private notary office must have worked as a notary for at least 02 years.

Any notary who is the head of a private notary office or a general partner of private notary office shall not be allowed to bid for the right to conversion of the public notary office.

2. An application for participation in the auction must be participated by at least 02 notaries. The application must contain their written commitments to employ and sign employment contracts with notaries, civil servants, and employees of the converted public notary office in order to ensure that such people keep doing the same job as before the conversion.

Article 10. Plan for converting public notary offices

1. The People’s Committee of the province shall issue a decision to convert the public notary office into a private notary office at the request of the Department of Justice.

2. The private notary office shall follow procedures for registration prescribed by the Law on Notarization. The converted public notary office may operate until the private notary office is issued with the certificate of registration.

3. Within 15 days from the issuance date of the certificate of registration, the private notary office must sign employment contracts with notaries, civil servants, and employees of the converted public notary office.

Employment contracts between the private notary office and notaries or civil servants of the converted public notary office shall be indefinite contracts, unless otherwise agreed by both parties.

Employment contracts between the private notary office and employees of the converted public notary office shall be the same types of contracts with the public notary office, unless otherwise agreed by both parties.

Article 11. Benefits for notaries, civil servants, employees of converted public notary office

1. Benefits of notaries, civil servants, employees of the converted public notary office must be provided in accordance with regulations of law on shut down of public service agencies.

2. Any notary of the public notary office who switches over to working for the private notary office shall terminates his/her employment contract with the public notary office and receive benefits as prescribed by law.

Notaries and civil servants that resign or are eligible for retirement shall receive corresponding benefits as prescribed by law.

3. Any employee of the public notary office who switches over to working for the private notary office shall terminates his/her employment contract with the public notary office and receive corresponding benefits as prescribed by law.

Employees that resign or eligible for retirement shall receive corresponding benefits as prescribed by law.

4. The Department of Internal Affairs shall take charge and cooperate with the Department of Justice, Department of Finance, Department of Labor, War Invalids and Social Affairs in requesting the People’s Committee of the province to consider benefits of notaries, civil servants, employees of converted public notary offices as prescribed in Clause 1, Clause 2, and Clause 3 of this Article.

Article 12. Settlement of property of converted public notary office

1. State-owned property that are being used or under the management of the public notary office shall be handled in accordance with regulations of law on management and use of state-owned property.

2. The Department of Finance shall take charge and cooperate with the Department of Justice in requesting the People’s Committee of the province to decide settlement of property as prescribed in Clause 1 of this Article.

Section 2. AMALGAMATION, ACQUISITION, TRANSFER OF PRIVATE NOTARY OFFICES

Article 13. Amalgamation of private notary office

1. Each consolidated private notary office prescribed in Clause 1 Article 28 of the Law on Notarization shall submit 01 application for consolidation to the Department of Justice where the private notary office is registered. The application consists of:

a) A private notary office consolidation contract, specifying the names, addresses of consolidating private notary offices; name, address of the consolidated private notary office; time of consolidation; plan for transferring property of consolidating private notary offices to the consolidated private notary office; employment plan of the consolidated private notary office; inheritance of every lawful right, obligation, and interest of consolidating private notary offices, and relevant information.

Each consolidating private notary office shall appoint a general partner as the representative to sign the consolidation contract;

b) Tax declarations and audited financial statements of the last 03 years of consolidating private notary offices prior to the application date;

c) Statistics of notarized documents and existing property of consolidating private notary offices

d) List of notaries being general partners and notaries working under contracts at consolidating private notary offices;

dd) The permissions for establishment and certificates of registration of consolidating private notary offices.

2. Within 20 days from the day on which sufficient and valid documents prescribed in Clause 1 of this Article are received, the Department of Justice shall seek opinions from socio-professional organizations of notaries and request the People’s Committee of the province to consider permitting the consolidation of private notary offices.

3. Within 15 days from the day on which the request of the Department of Justice is received, the People’s Committee of the province shall consider permitting the consolidation. If consolidation is rejected, explanation must be provided in writing.

4. Within 15 days from the receipt of the Permission for consolidation, the consolidated private notary office must register its operation at the Department of Justice. When applying for registration, the following documents must be submitted: the registration form, the Permission for consolidation of private notary offices, documents proving the facilities of the private notary office, and certificates of practice registration of notaries.

Within 10 working days from the day on which the sufficient and valid documents are received, the Department of Justice shall issue the certificate of registration to the consolidated private notary office, remove the names of consolidating private notary offices from the list. If registration is rejected, explanation must be provided in writing.

5. While following procedures for consolidation, consolidating private notary offices may keep operating until the consolidated private notary office is issued with the certificate of registration by the Department of Justice. The consolidated private notary office shall inherit every the right, obligation, and notarization orders of the consolidating private notary offices, and is responsible for retaining all notarization documents of the consolidating private notary offices.

6. The provision, publishing of information about registration of the consolidated private notary office shall comply with Article 25 and Article 26 of the Law on Notarization.

Article 14. Acquisition of private notary offices

1. The acquired private notary offices prescribed in Clause 2 Article 28 of the Law on Notarization shall submit 01 application for acquisition to the Department of Justice where the private notary office is registered. The application consists of:

a) A private notary office acquisition contract, specifying the names, addresses of acquired private notary offices; name, address of the acquirer; time of acquisition; plan for transferring property of acquired private notary offices to the acquirer; employment plan of the acquirer; inheritance of every the lawful right, obligation, and interest of the acquired private notary offices, and relevant information.

Each of the acquired private notary offices shall appoint a partner notary as the representative to sign the acquisition contract.

b) Tax declarations and audited financial statements of the last 03 years of private notary offices prior to the application date;

c) Statistics of notarized documents and existing property of private notary offices;

d) List of notaries being partner notaries and notaries working under contracts of private notary offices;

dd) The permissions for establishment and certificates of registration of private notary offices.

2. Within 20 days from the day on which sufficient and valid documents prescribed in Clause 1 of this Article are received, the Department of Justice shall seek opinions from socio-professional organizations of notaries and request the People’s Committee of the province to consider permitting the acquisition of private notary offices.

3. Within 15 days from the day on which the request of the Department of Justice is received, the People’s Committee of the province shall consider permitting the acquisition. If acquisition is rejected, explanation must provided in writing.

4. Within 15 days from the receipt of the Permission for acquisition, the acquirer must apply for changes of registration information as prescribed in Article 24 of the Law on Notarization. When applying for changes of information, the following documents must be submitted: the registration form, the Permission for acquisition of private notary offices, documents proving the facilities of the acquirer, and certificates of practice registration of notaries of acquired private notary offices.

5. While following procedures for acquisition, the acquired private notary offices may keep operating until the acquirer’s registration information is changed. The acquirer shall inherit every the right, obligation, and notarization orders of the acquired private notary offices, and is responsible for retaining all notarization documents of the acquired private notary offices.

6. The provision, publishing of information about registration of the acquirer shall comply with Article 25 and Article 26 of the Law on Notarization.

Article 15. Transfer of private notary offices

1. Any entity that wishes to transfer a private notary office as prescribed in Article 29 of the Law on Notarization shall submit 01 application for transfer to the Department of Justice where the private notary office is registered. The application consists of:

a) The transfer contract, specifying the name, address, list of partner notaries of the private notary office; names, numbers of decisions of designation for the transferee notaries; transfer price, payment and procedures for transfer of the private notary office; rights and obligations of both parties, and relevant information.

The transfer contract must bear the signatures of partner notaries of the private notary office being transferred, the transferee notaries, and must be notarized;

b) Written commitments of transferee notaries to inherit every right, obligation, unfinished notarization orders, and documents of the private notary office being transferred;

c) Statistics of notarized documents of the private notary office being transferred;

d) Copies of Decision of designation of transferee notaries; documents proving that the intended head of the private notary office has worked as a notary for 02 years or longer;

dd) The permissions for establishment and Certificate of registration of the private notary office being transferred;

e) Tax declarations and audited financial statements of the last 03 years of the private notary office being transferred.

2. Within 20 days from the day on which sufficient and valid documents prescribed in Clause 1 of this Article are received, the Department of Justice shall seek opinions from socio-professional organizations of notaries and request the People’s Committee of the province to consider permitting the transfer.

Within 15 days from the day on which the request of the Department of Justice is received, the People’s Committee of the province shall consider permitting the transfer. If the transfer is rejected, explanation must be provided in writing.

3. Transferee notaries shall apply for changes to regulations information of private notary office being transferred as prescribed in Article 24 of the Law on Notarization.

The application for changes of registration information include: the registration form, the Permission for transfer of the private notary office, documents proving the facilities of the private notary office being transferred, and certificates of practice registration of notaries.

4. While following procedures for transfer, the private notary office may keep operating until the private notary office of the transferee notaries is reissued with the certificate of registration.

5. The provision, publishing of information about registration of the private notary office after transfer shall comply with Article 25 and Article 26 of the Law on Notarization.

Section 3. Regulations on incentive policies for private notary offices in disadvantaged areas and extremely disadvantaged areas; conditions of private notary offices; posting of reception of orders for notarization for agreement on division of inheritance, declaration of inheritance reception

Article 16. Incentive policies for private notary offices in disadvantaged areas or disadvantaged areas

1. Incentive policies for private notary offices in disadvantaged areas or disadvantaged areas shall have the following incentives:

a) Tax incentives prescribed by regulations of law on corporate income tax;

b) The right to lease office building at concessional rates, borrow office building, be provided with support for working equipment for the first 03 years of operation.

2. The People’s Committees of provinces shall consider deciding the incentives mentioned in Point b Clause 1 of this Article and other supports for private notary offices in disadvantaged areas or disadvantaged areas.

Article 17. Facilities of private notary offices

1. The private notary office must have a specific address, working places for notaries and employees that have sufficient area according to regulations of law on standards and norms of office buildings of public service agencies, places for receiving clients and storing notarization documents.

2. The notary that establishes the private notary office shall documents proving the satisfactoriness of the facilities of the private notary office at the time of registration.

3. Departments of Justice shall inspect the satisfactoriness of facilities of private notary offices when they apply for registration.

Article 18. Posting orders for notarization of agreements on division of inheritance, declaration of inheritance reception.

1. The reception of orders for notarization of agreements on division of inheritance, declaration of inheritance reception must be posted for 15 days. The document shall be posted by the notary organization at the People’s Committee of the commune where the last permanent residence of the inheritance leaver; if such residence is not identifiable, the document shall be posted where the last temporary residence of such person is located.

If the inheritance comprises both real estate and movable estate or the inheritance is only real estate, the document shall be posted in accordance with this Clause at the People’s Committee of the commune where the real estate is located.

If the inheritance comprises only movable estate, the notary office and the deceased’s last permanent or temporary residence are not in the same province, then the notary office may request the People’s Committee of the commune where the deceased’s residence is located to impose the deadline for posting.

2. The document must specify the full name of the deceased; full names of beneficiaries; relationships of beneficiaries and the deceased, the list of inheritance. The posted document must specify that any complaint or denunciation against unintentional or deliberate omission of inheritance beneficiaries or inheritors; the inheritance is not under the ownership of the deceased has been sent to the notary office which posts the document.

3. The People’s Committee of the commune where the document is posted shall confirm the receipt of the posted document and protect the document throughout the posting period.

Chapter III

PROFESSIONAL LIABILITY INSURANCE FOR NOTARIES

Article 19. Rules for obtaining insurance

1. The notary office shall directly buy or authorized a socio-professional organization of notaries to buy professional liability insurance for its notaries.

2. Professional liability insurance for notaries must be bought within 60 days from the day on which such notaries are registered for practice.

3. The funding for buying professional liability insurance for notaries of the public notary office is provided by the professional development fund or other funding sources prescribed by law.

Article 20. Insurance coverage

1. The insurance shall cover financial damage incurred by the persons who sign contracts or make transactions, or other individuals and organizations involved in the notarized contracts or transactions which is on account of the notary during the insurance period.

2. The notary office or the socio-professional organization of notaries authorized by the notary office may reach an agreement with the insurer on a broader coverage than that prescribed in Clause 1 of this Article.

Article 21. Insurance conditions

The insurer shall pay insurance money and indemnity when all of the following conditions are satisfied:

1. The damage is covered by insurance as prescribed in Article 20 of this Decree.

2. It is not any of the following cases:

a) The notary notarizes a contract, transaction, or translation that contravenes the law, social ethics; the notary incites or enables the participant in the contract or transaction to make a false transaction or commit other fraudulent acts;

b) The notary notarizes a contract, transaction, or translation related to the notary’s own property or interest or his/her spouse, birth parent, adoptive parent, his/her wife’s birth parent or adoptive parent, his/her birth child or adoptive child, daughter-in-law, son-in-law, grandparent, sibling, his/her spouse’s sibling, his/her birth grandchild or adoptive grandchild.

c) The notary collaborates with his/her client and relevant persons to falsify the documents being notarized;

d) Other cases agreed between the insurer and the notary office of socio-professional organization of notaries authorized by the notary office.

Article 22. Insurance premium

1. Insurance premium is the amount payable by the notary office to the insurer when buying professional liability insurance for its notaries.

2. The insurer and notary office or socio-professional organization of notaries authorized by the notary office shall reach an agreement on the insurance premium, which must not fall below VND 03 million per year for a notary.

Chapter IV

SOCIO-PROFESSIONAL ORGANIZATIONS OF NOTARIES

Section 1. PROVINCIAL SOCIO-PROFESSIONAL ORGANIZATIONS OF NOTARIES

Article 23. Notary associations

1. One notary association, which is the provincial socio-professional organization of notaries, may be established in each province as prescribed in Clause 1 Article 39 of the Law on Notarization.

The organization and operation of notary associations are autonomous, transparent, non-profit, and financially independent in accordance with the Law on Notarization, this Decree, and the charter of national socio-professional organization of notaries.

Each notary association has a separate legal status, seal, and account.

2. The organization and operation of notary associations are under the management of the People’s Committees of provinces and national socio-professional organization of notaries. Notary associations must not impose resolutions, decisions, rules and regulations on fees, receivables, and regulations against regulations of law and the Charter of national socio-professional organization of notaries.

Departments of Justice shall cooperate with Departments of Internal Affairs in managing local notary associations.

3. Members of a notary association are notaries practicing in the province. Every notary must join the notary association before registering for practice if one is available in the province.

Rights and obligations of members of notary associations are specified by the Charter of National socio-professional organization of notaries.

Article 24. Establishment of notary associations

1. The Department of Justice shall cooperate with the Department of Internal Affairs in instructing notaries in the province to establish a Campaign Council for establishment of the notary association. The Campaign Council consists of 3 – 5 notaries whose are responsible for formulating the notary association establishment project. The project must specify the necessary of the notary association, the number of notaries practicing in the province, planned personnel management and operation of the notary association.

2. Within 20 days from the day on which the notary association establishment project is received, the Department of Justice shall take charge and cooperate with the Department of Internal Affairs in appraising the project, then submit an application for establishment of the notary association to the People’s Committee of the province.

The application consists of the notary association establishment project, summary of the project, and the appraisal report.

3. Within 15 days from the day on which sufficient and valid documents are received, the People’s Committee of the province shall consider permitting the establishment of the notary association. If the application is rejected, explanation must be provided in writing.

Within 06 months from the day on which the permission is granted, the Campaign Council must hold a general meeting. If the general meeting is not held by the said deadline, the permission for establishment of the notary association shall expire.

Article 25. Regulatory bodies of a notary association

1. The general meeting of notaries is the supreme regulatory body of a notary association.

2. Executive board is the presiding body of the general meeting of notaries, which is elected by the general meeting.

3. Commendation and Discipline Council is elected by the general meeting of notaries, the tenure of which is the same as that of the Executive board of the notary association.

4. Other regulatory bodies prescribed by the Charter of National socio-professional organization of notaries.

Article 26. Tasks and entitlements of notary associations

1. Represent and protect the lawful rights and interests of its members in accordance with law and the Charter of National socio-professional organization of notaries.

2. Admit, dismiss members; provide rewards, take disciplinary actions against members, settle complaints and denunciations in accordance with the Charter of National socio-professional organization of notaries.

3. Supervise members complying with regulations of law on notarization, code of ethics of notaries, and the Charter of National socio-professional organization of notaries.

4. Cooperate with the Department of Justice of the province in providing annual training for members; offers opinions about designation, dismissal of notaries, establishment, amalgamation, acquisition, transfer, shut down of notary offices to the Department of Justice in accordance with the Law on Notarization, this Decree, and relevant legislative documents.

5. Implement resolutions, decisions, and regulations issued by National socio-professional organization of notaries and competent authorities.

6. Facilitate inspections by competent authorities and National socio-professional organization of notaries.

7. Cooperate in domestic and international notarial activities as prescribed by law.

8. Fulfill other tasks and entitlements prescribed by law and the Charter of National socio-professional organization of notaries.

Section 2. NATIONAL SOCIO-PROFESSIONAL ORGANIZATIONS OF NOTARIES

Article 27. Vietnam Notary Association

1. Vietnam Notary Association is a national socio-professional organization of Vietnamese notaries prescribed in Clause 1 Article 39 of the Law on Notarization.

The organization and operation of Vietnam Notary Association is autonomous, transparent, non-profit, and financially independent in accordance with the Law on Notarization and this Decree.

Vietnam Notary Association has a separate legal status, seal, and account.

2. The operation of Vietnam Notary Association is under the management of the Ministry of Justice, the Ministry of Home Affairs, and other competent authorities prescribed by law.

3. Members of Vietnam Notary Association are provincial notary associations and notaries.

Rights and obligations of members of Vietnam Notary Association are prescribed by its Charter.

Article 28. Establishment of Vietnam Notary Association

The Ministry of Justice shall take charge and cooperate with relevant Ministries and regulatory bodies in formulating a project on establishment of Vietnam Notary Association, submit it to the Prime Minister for approval, and implement it after it is approved by the Prime Minister.

Article 29. Regulatory bodies of Vietnam Notary Association

1. The national general meeting of notaries is the supreme regulatory body of Vietnam Notary Association.

2. The national notary council is the managerial body of Vietnam Notary Association between two national general meetings of notaries.

3. The Standing Committee of Vietnam Notary Association is in charge of operating Vietnam Notary Association between two national general meetings of notaries.

4. Regulatory bodies are prescribed by Charter of Vietnam Notary Association.

5. Specific tasks and entitlements of the regulatory bodies prescribed in Clauses 1, 2, 3, 5 of this Article are prescribed by Charter of Vietnam Notary Association.

Article 30. Tasks and entitlements of Vietnam Notary Association

1. Represent and protect the lawful rights and interests of its members in accordance with law and the Charter of Vietnam Notary.

2. Admit, dismiss members; provide rewards, take disciplinary actions against members, settle complaints and denunciations in accordance with the Charter of Vietnam Notary Association.

3. Issue code of ethics of notaries; supervise members complying with code of ethics of notaries and regulations of law on notarization.

4. Cooperate with the Ministry of Justice in providing training and apprenticeship as prescribed by law; participate in formulation, dissemination of law.

5. Establish the compensation fund to support compensation for damage caused by its members during their practice in case the professional liability insurance is not sufficient to cover the compensation; manage the compensation fund in accordance with law.

6. Participate in international cooperation in notarization as prescribed by law.

7. Inspect the implementation of Vietnam Notary Association’s Charter; suspend and request amendments to or cancellation of the resolutions, decisions, regulations imposed by notary associations against the Vietnam Notary Association’s Charter; request competent authorities to suspend and request amendments to or cancellation of resolutions, decisions, regulations imposed by notary associations against the Law.

8. Submit regular and extraordinary reports to the Ministry of Justice on the plan for organization of general meetings, personnel plan, and result of general meetings.

9. Perform other tasks and entitlements are prescribed by law and Charter of Vietnam Notary Association.

Article 31. Charter of Vietnam Notary Association

1. Pursuant to the Law on Notarization and this Decree, national general meetings of notaries shall ratify the Charter of Vietnam Notary Association.

The Charter of Vietnam Notary Association shall uniformly apply to Vietnam Notary Association and other notary associations.

2. Contents of the Charter of Vietnam Notary Association:

a) Principles, purposes, and symbol of Vietnam Notary Association;

b) Rights and obligations of members of Vietnam Notary Association;

c) The relationship between Vietnam Notary Association and other notary associations;

d) Procedures for joining, withdrawing from notary associations, dismissal of members;

d) Tenure, organizational structure, formalities for election and dismissal; tasks and entitlements of regulatory bodies of Vietnam Notary Association and other notary associations;

e) The relationship among notary associations in performance of their tasks and entitlements;

g) Organizational structure, tasks, and entitlements of national general meetings of notaries, general meetings of notaries of other notary associations; procedures for conducting general meetings of Vietnam Notary Association and other notary associations;

h) Promulgation of rules and regulations of notary associations;

i) Finance of Vietnam Notary Association and other notary associations;

k) Commendation and disciplinary actions; settlement of complaints and denunciations;

l) Obligations to report of Vietnam Notary Association and other notary associations;

m) Relationships with other organizations.

3. Within 07 working days from the ratification date, the Charter of Vietnam Notary Association shall be sent to the Ministry of Justice for approval. Within 30 days from the receipt of the Charter of Vietnam Notary Association, the Minister of Justice shall grant an approval after reaching a consensus with the Minister of Internal Affairs. In case of rejection, explanation must be provided in writing.

4. The Charter of Vietnam Notary Association shall be rejected in the following cases:

a) Its contents contravene the Constitution and law;

b) The procedures for ratification of the Charter do not ensure the legitimacy, democracy, openness, and transparency as prescribed by law.

5. If the Charter of Vietnam Notary Association is not approved, the National Notary Council must revise it or hold another general meeting to ratify the Charter as prescribed by law.

Within 07 working days from the day on which the revised Charter is ratified, the National Notary Council shall submit it to the Ministry of Justice for consideration and approval. The revised Charter shall be approved in accordance with this Article.

6. The Charter of Vietnam Notary Association comes into force from the day on which it is approved.

Chapter V

IMPLEMENTATION

Article 32. Transition

1. Provincial notary associations established before the effective date of the Law on Notarization 2014 may keep operating in accordance with Clause 1 Article 39 of the Law on Notarization 2014 and this Decree.

2. While Vietnam Notary Association and its Charter is not available, charters of notary associations may be applied until the Charter of Vietnam Notary Association is approved.

3. Participants in 6-month notary training courses under in the Law on Notarization 2006 at the time the Law on Notarization 2014 comes into force may keep doing such courses and receive certificates of completion of notary training courses. Apprenticeship of notaries shall comply with Article 11 of the Law on Notarization 2014.

4. Requirements applied to heads of private notary offices prescribed in Clause 2 Article 22 of the Law on Notarization 2014 shall not apply to heads of private notary offices established before the effective date of the Law on Notarization 2014.

Article 33. Effect

1. This Decree takes effect on May 01, 2015.

2. The Government's Decree No. 04/2013/NĐ-CP dated January 07, 2013 on guidelines for the Law on Notarization No. 82/2006/QH11 dated November 29, 2006 is abolished from the effective date of this Decree.

Article 34. Responsibility for implementation

1. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces are responsible for the implementation of this Decree.

2. The Ministry of Finance shall take charge and cooperate with the Ministry of Justice in promulgating regulations on collection, payment, management, and use of notarization fees; fees for authentication of copies, signatures; fees for notary testing; fees for issuance of notary's cards, fees for issuance of notary organization registration certificates, and provide instructions on regulations on professional liability insurance of notaries as prescribed by regulations of law on insurance business and this Decree.

3. When the deadlines prescribed in Clause 1 and Clause 3 Article 79 of the Law on Notarization 2014 for conversion of private notary offices established by a notary and purchase of professional liability insurance for notaries of private notary offices, the People’s Committees of provinces shall review and submit a report to the Ministry of Finance. The Ministry of Justice shall submit a summary report to the Government.

4. The Minister of Justice shall provide guidelines for this Decree./.

 

FOR THE GOVERNMENT THE PRIME MINISTER Nguyen Tan Dung