* This translated version is originated from Ministry of Justice and for reference only.
THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Ha Noi, day 29 month 11 year 2006
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
This Law provides for notarization.
Article 1.Governing scope
This Law provides for the scope of notarization, notaries, notarization practice organizations, notarization procedures and state management of notarization.
Notarization means an act whereby a notary certifies the authenticity and legality of written contracts or other transactions (below referred to as contracts or transactions) subject to notarization as prescribed by law or at the request of individuals or organizations of their own free will.
Article 3.Principles for notarization practice
1. Observation of the Constitution and law.
2. Impartiality and honesty.
3. Assumption of responsibility before law for notarized documents.
4. Observance of the rules of conduct of the notarization profession.
Article 4.Notarized documents
1. Written contracts or transactions notarized under this Law are referred to as notarized documents.
2. A notarized document consists of:
a/ Contract or transaction;
b/ Affirmation of a notary.
3. A notarized document takes effect on the date it is signed by a notary and is appended with the seal of a notarization practice organization.
Article 5.Affirmations of notaries
An affirmation made by a notary must state the time and place of notarization, the full name of the notary, the name of the concerned notarization practice organization; certify that the person(s) entering into the contract or transaction is (are) of his/her/their own will and has (have) civil act capacity; the purpose and contents of the contract or transaction are not contrary to law and social ethics; the object(s) of the contract or transaction is (are) real; the signature(s) in the contract or transaction is (are) truly of the person(s) entering into that contract or transaction. Such affirmation must bear the notary's signature and be appended with the seal of the notarization practice organization.
Article 6.Legal validity of notarized documents
1. A notarized document is binding on all related parties. When one party fails to perform his/her duties, the other party may request a court to settle the case according to law, unless otherwise agreed upon by the parties to the contract or transaction.
2. A notarized document serves as a proof or evidence; circumstances and facts therein need not be proved unless they are declared invalid by a court.
A notary is a person who fully meets the criteria prescribed by this Law and is appointed to practice notarization.
Article 8.Persons in request for notarization
1. Persons in request for notarization may be Vietnamese or foreign individuals or organizations.
If a person in request for notarization is an organization, its request for notarization shall be filed via its at-law or authorized representative.
2. A person in request for notarization must have civil act capacity, produce all necessary papers related to notarization and take responsibility for the accuracy and legality of those papers.
1. When the law requires that the notarization must be witnessed or it does not require that but a person in request for notarization cannot read, hear, sign or press his/her fingerprints on documents, there must be a witness to notarization.
A witness is invited by the person in request for notarization or appointed by the notary.
2. A witness must satisfy all the following conditions:
a/ Being full 18 years of age or older, having full civil act capacity;
b/ Having no rights, benefits or asset liabilities related to notarization.
Article 10. Spoken and written language used in notarization
The spoken and written language used in notarization is Vietnamese.
Article 11. Responsibilities for 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 for performing the state management of notarization, and has the following tasks and powers:
a/ To formulate and submit to the Government notarization development policies;
b/ To promulgate or submit to competent state agencies for promulgation legal documents on notarization;
c/ To determine the framework notary training program, manage notary training; promulgate a regulation on notary internship and rules of conduct; appoint and dismiss notaries; and grant notary's cards;
d/ To provide guidance on notarial operations; popularize and disseminate the law on notarization; supervise, inspect and handle violations, settle complaints and denunciations related to notarization;
e/ To review and report on notarization to the Government;
f/ To manage and effect international cooperation on notarization.
3. The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice in guiding, supervising and inspecting notarial operations of overseas diplomatic missions and consulates of the Socialist Republic of Vietnam (below collectively referred to as overseas Vietnamese representations) and organizing training courses on notarial operations for consuls and diplomats in charge of notarization.
4. Ministries and ministerial-level agencies shall, within their tasks and powers, coordinate with the Ministry of Justice in performing the state management of notarization.
5. People's Committees of provinces or centrally run (below referred to as provincial-level People's Committees) shall perform the state management of notarization in localities, and have the following tasks and powers:
a/ To take measures to develop notarization practice organizations in localities in order to satisfy the notarization needs of organizations and individuals; popularize and disseminate the law on notarization;
b/ To set up and dissolve notarial bureaus; decide or revoke decisions on the establishment of notarial offices; organize the grant and revocation of operation registration certificates of notarial offices;
c/ To ensure initial working facilities and equipment for notarial bureaus;
d/ To supervise, inspect and handle violations, and settle complaints and denunciations related to notarization;
e/ To review and make statistics on notarization in localities and send reports thereon to the Ministry of Justice.
Article 12.Prohibited acts
1. A notary may not commit the following acts:
a/ Disclosing information on notarization contents which he/she knows in his/her practice, unless he/she obtains a written consent of the person in request for notarization or it is otherwise provided for by law; using such information to infringe upon others' lawful rights and interests;
b/ Harassing, troubling the person in request for notarization;
c/ Receiving, soliciting any sum of money or other considerations from the person in request for notarization besides the notarization charge, remuneration and other expenses which have been determined or agreed upon;
d/ Performing notarization of contracts or transactions with their purposes and contents contrary to law or social ethics; notarization in relation to property or benefits of his/her own or his/her relatives who may be his/her spouse, parents, parents in-law, adoptive parents, children, adopted children, daughters or sons in-law, grandparents or grandparents in-law, blood siblings or siblings in-law or children of his/her daughters or sons or adopted daughters or sons.
2. A person in request for notarization is strictly prohibited from supplying untruthful information or documents.
3. A witness is strictly prohibited from committing deceitful or dishonest acts.
4. Agencies, organizations and individuals are strictly prohibited from obstructing notarial operations.
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