Thông tư 11/2012/TT-BTP về Quy tắc đạo đức hành nghề công chứng do Bộ trưởng Bộ Tư pháp ban hành

CIRCULAR

PROMULGATING THE RULE ON NOTARIZATION PRACTICE ETHICS

THE MINISTER OF JUSTICE

Pursuant to the Law on Notarization No. 82/2006/QH11, of November 29, 2006; 

Pursuant to the Government’s Decree No. 02/2008/ND-CP, of January 04, 2008 detailing and guiding implementation of Law on Notarization; 

Pursuant to the Government’s Decree No. 93/2008/ND-CP, of August 22, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

At the proposal of Director of Judicial Support Department

The Minister of Justice issues the Circular promulgating the Rule on notarization practice ethics,

Article 1. To promulgate together with this Circular the Rule on notarization practice ethics.

Article 2. This Circular takes effect on December 20, 2012.

Article 3. The Chief of office, Director of the Justice Support Department, heads of Ministerial units, Directors of Justice Sub-departments of central-affiliated cities and provinces, notarization social-professional organizations, notary practice organizations, notaries and relevant organizations, individuals shall implement this Circular.

THE RULE

ON NOTARIZATION PRACTICE ETHICS
(Promulgated together with the Circular No. 11/2012/TT-BTP, of October 30, 2012 of the Minister of Justice)

Foreword

Notarization is a noble career, because the notarization operation ensures the legal safety, prevents disputes, minimizes risks for contracts, transactions, relies on that, protects rights and benefits of the State, legal rights and benefits of individuals, organizations.  

The rule on notarization practice ethics prescribes moral standards, behaviors of notaries in notarization practice, being basis for notaries to self-train, self-improve morality in practicing and social life aiming to enhance professional duty of notaries, enhance prestige of notaries, to contribute to honoring the notarization profession in society.

Chapter 1.

GENERAL RULES

Article 1. To protect rights, benefits of the State, legal benefits of individuals, organizations

Notaries have obligation being loyal to Motherland, for benefits of the People, by their professional operation, contribute to protect rights and benefits of the State, rights and legal benefits of individuals, organizations in society.

Article 2. Principles of notarization practice

Notaries must abide by the following principles:

1. To abide by Constitution, Law, not contrary to social ethics.

2. To be objective, honest upon performing notarization, do not affect to quality of notarization for any reason as well as discriminate against applicants for notarization.

3. To take responsibilities before law on notarized documents, pay compensation for damages due to their fault in case notarization leads damages for applicants for notarization.

4. To abide by provisions of this Rule on notarization practice ethics and regulations of notarization profession-social organization. 

Article 3. To respect, protect prestige, professional repute

1. Notaries have duty to respect, preserve professional prestige, not allow having acts damaging honor, personal prestige, and profession repute. 

2. Notaries should have civilized, polite behaviors in professional practice, strong life way in order to receive love, respect, trust and glory of colleagues, applicants for notarization and whole society.

Article 4. To self-train and self-improve

Notaries must non stop improving ethic, enhancing professional qualification, positively take part in courses of training, fostering knowledge and effort to study aiming to enhance quality of work and to serve for applicants for notarization.

Chapter 2.

RELATIONSHIP WITH APPLICANTS FOR NOTARIZATION

Article 5. Profession responsibilities

1. Notaries must be devoted with work, promote ability, use professional knowledge and skills in order to assure in best way for legal safety of contracts, transactions; have responsibilities for receipt of  and solving requests for notarization of individuals, organizations fast, timely when the requests for notarization not breach banned things of law, contrary to social ethics.  

2. Notaries are ready to receive and solve timely request for notarization of requesters in way that always being present at head office of the notary practice organizations in working-time as prescribed by law.

3. Notaries have obligation to explain for applicants for notarization to understand clearly rights, obligations, legal consequences arised from contracts, transactions requested for notarization; to answer clearly questions of applicants for notarization aiming to ensure contracts, transactions in exactness with the will of parties concluding contracts, transactions; ensure parties have awareness in accordance to related law and legal value of notarized documents before the notaries who perform notarization.

4. Notaries are responsible for supply for applicants for notarization information relating to rights, obligations and professional duties of notaries in practicing notarization as required by applicants for notarization.

Article 6. Security of information, preservation of notarized dossiers

1. Notaries are responsible for keeping secret of information in dossiers requesting for notarization, notarized dossiers and all information which they know about authorized content during practicing process as well as when they are not be notaries, except where the applicant for notarization provides written consent or except where the law stipulates otherwise.

2. Notaries are responsible for preservation of notarized dossiers during course of solving request for notarization and handing over full notarized dossiers for archivement as prescribed by law.

3. Notaries are responsible for guiding officers in their notary practice organizations to not reveal secret of information on notarization which they know in according to internal rules,  regulations of notary practice organizations, provisions of law, concurrently, explaining clearly their legal liability in case revealing such information.  

Article 7. Behaving between applicants for notarization equally

Notaries are not permitted to discriminate by sex, nation, race, religion, nationality, social position, financial ability, age between applicants for notarization when they meeting sufficient conditions as prescribed by law in order to perform notarization, assure for equality in behaving with applicants for notarization.

Article 8. Collection of notarization charges and remunerations

Notarizes are responsible for exact and full collection and publication of notarization charges and remunerations as regulation have been listed; when collecting notarization charges and remunerations must write receipt fully and notify clearly to applicants for notarization for receipts and amounts which they must pay.

Article 9. Things which notaries are prohibited to do in relationship with applicants for notarization

1. Harassing for bribes, causing difficulties for applicants for notarization.

2. Receiving, claiming any amounts, other benefits from applicants for notarization, apart from notarization charges, remunerations and other cost which have been prescribed, defined, agreed. 

3. Receiving money or any material benefit from the third person in order to perform or not perform notarization that arising consequence, causing damage to legitimate benefit of applicants for notarization and relevant parties.  

4. Using information which they know from notarization in order to seek personal benefits.

5. Performing notarization in a case where the objectives and content of a contract or transaction breach the law or contrary to social morals.

6. Giving out promises, engagement aiming to attract applicants for notarization or willingly collect at higher or lower rates of notarization charges, remunerations comparing to regulations or agreements.

7. Notarizing contracts, transactions related to benefit between notaries and applicants for notarization.

8. Collaborating with, facilitating for applicants for notarization to breach lawful rights and interests of other organizations, individuals.

9. Paying commission, discount for applicants for notarization or brokers.

10. Colluding with applicants for notarization, relevant persons to falsify content of notarized written documents and dossiers.

Chapter 3.

RELATION WITH COLLEAGUES, NOTARY PRACTICE ORGANIZATIONS, NOTARIZATION PROFESSION SOCIAL ORGANIZATIONS, OTHER ORGANIZATIONS, INDIVIDUALS  

Article 10. Relation of notaries with colleagues, notary practice organizations, notarization profession social organizations 

1. Respecting, protecting honor of colleagues; keeping and promoting the solidarity, friendliness, cooperating and helping together to complete task.

2. Notaries are responsible for mutual supervision in practicing, being whole-hearted and combating resolutely in annulling wrong acts in notarization activities on the basis of respecting colleagues, ensuring professional secrets, for sustainable development of notarization profession. 

3. When detecting colleagues having mistake in practicing, notaries have obligations to contribute straight ideas but not allow lowering honor, prestige of colleagues and to report to responsible persons if that is act breaching law or causing damages to profession.

4. Complying with internal rules, regulations of notary practice organizations, notarization profession social organizations.

5. Guiding, helping colleagues who are novice notaries.

6. Participating in professional activities and other social activities organized or mobilized by the State, notary practice organizations, profession social organizations, other organizations, individuals aiming to contribute in common development of notarization profession. 

7. Submitting member charges for their profession social organizations as prescribed.

8. Coordinating with notarization practice organizations to buy professional duty insurance in order to provide for solving professional risks, accidents.

Article 11. Relation with notarization practice probation

1. Notaries have duties to participate in notarization practice probation; raising high responsibility, being whole-hearted to communicate knowledges and professional experiences for notarization practice probationers.

2. Notaries guiding probationers are not permitted to perform the following things:

a) Having personal discrimination with notarization practice probationers guided by them.

b) Reclaiming material benefits, money from notarization practice probationers.

c) Collaborating with notarization practice probationers in order to report untrue, report with fictitious content about result of notarization practice probation.

d) Misusing role as guiding notary in order to forcible probationer must do things apart from scope of probation or do acts violating law, contrary to social ethics aiming to attain their benefits.

Article 12. Things which a notary is not permitted to do in relation with colleagues, notary practice organizations

1. Offending or having acts casuting damage to prestige of colleagues, notary practice organizations.

2. Pressuring, threatening or performing acts breaching law, contrary to social ethics with colleagues in order to scramble advantages for themselves in practicing profession.

3. Cooperating with individuals, organizations having ability of pressuring, to compel the applicants for notarization to arrive their notary practice organizations for notarization with purpose for profit.

4. Conducting any advertisement for themselves and their notary practice organizations under any form which are not in accordance with regulations of law.

5. Conducting acts of broker, receiving or requiring commission when introducing colleagues to the applicants for notarization which they do not undertake.   

6. Opening other branches, representative offices, establishments, transaction places apart from head office of notary practice organizations.

7. Other unsound competition acts.

Article 13. Relation with other individuals, organizations

Notaries must obey provisions of law while working with state agencies, other individuals, organizations; having polite attitude, respecting state officers, other individuals, organizations upon they cooperating with notaries during course of conducting public missions, contacting for work.   

Chapter 4.

INSPECTION, SUPERVISION, AWARDING, HANDLING OF VIOLATIONS

Article 14. Inspection, supervision of compliance of the Rule on notarization practice ethics

1. Director of the Justice Support Department, the Chief Inspector of the Ministry of Justice within their assigned functions, tasks shall organize examination, inspection, supervision of compliance of the Rule on notarization practice ethics in nationalwide.

2. Directors of the Justice Sub-departments of central-affiliated cities and provinces shall examine, supervise compliance of the Rule on notarization practice ethics for notaries, notary practice organizations in scope of their management localities.

3. The notarization profession social organizations shall supervise compliance of the Rule on notarization practice ethics for notaries in their organizations.

4. The notarization practice organizations shall supervise implemenatation of the Rule on notarization practice ethics for notaries in their organizations.

Article 15. Awarding and handling of violation

1. The exemplary notaries in implementation of the Rule on notarization practice ethics will be recorded and honored by State, notarization profession social organizations.

2. Notaries implement not in accordance with the Rule on notarization practice ethics, depending on nature, extent of violation, will be reminded, criticized, chided, handled discipline in according to Charter of profession social organizations of notaries, administratively sanctioned or examined for penal liability as prescribed by law.