Chương IV Nghị định 29/2015/NĐ-CP: Tổ chức xã hội - nghề nghiệp của công chứng viên

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.