Law No. 46/2024/QH15 dated November 26, 2024 on Notarization

LAW

ON NOTARIZATION

Pursuant to Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on Notarization.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for notaries, notarial practice organizations, notarial practice, notarization procedures and state management of notarization.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. “Notarization” means a public service provided by notaries of notarial practice organizations to certify the authenticity and lawfulness of transactions that are required to be notarized by Laws or the Government’s Decrees or requested by individuals and organizations themselves.

Overseas diplomatic missions and consulates of the Socialist Republic of Vietnam are allowed to notarize transactions according to the provisions of Article 73 of this Law.

2. “notary” means a person who has qualifications in accordance with this Law, is appointed by the Minister of Justice to practise as a notary and address a number of authentication-related matters according to authentication laws.

3. “notarial requester” means a Vietnamese individual or organization or a foreign individual or organization entering into a transaction needing notarization according to the provisions of this Law.

4. “notarized document” means a transaction in writing which has been notarized according to the provisions of this Law.

5. “notarial practice" means the performance of notarial works by a notary of a notarial practice organization according to the provisions of this Law and other relevant laws.

Article 3. Transactions to be notarized

1. A transaction to be notarized is an important transaction, requiring a high level of legal protection and required to be notarized by Laws or the Government’s Decrees.

2. The Ministry of Justice shall review, update and post transactions to be notarized and authenticated on its Web Portal.

Article 4. Social functions of notaries

Notaries shall provide public services authorized by the State to ensure legal protection for the parties to transactions; to prevent disputes; to contribute to the protection of the legal rights and interests of individuals and organizations; and to stabilize and develop the socio-economic situation.

Article 5. Principles of notarial practice

1. Compliance with the Constitution and laws.

2. Objectivity and honesty.

3. Compliance with rules on notarial practice ethics.

4. Taking responsibility before law for notarial practice.

Article 6. Effectiveness and legal value of notarized documents

1. A notarized document shall be effective from the time when a notary signs and appends the seal of his/her notarial practice organization to it; the effective date of an electronic notarized document shall comply with the provisions of clause 2 Article 64 of this Law.

2. A notarized document is binding on related parties, is the basis for the parties to the transaction to request the competent state agency to carry out procedures related to the notarized transaction.

3. Notarized documents may be used as evidence; details and circumstances of notarized documents are not required to be proven, unless such documents are declared to be invalid by courts.

Article 7. Spoken and written language used in notarization

The spoken and written language used in notarization is Vietnamese; in case a notarial requester uses a spoken and written language other than Vietnamese or uses augmentative and alternative communication (AAC) methods, it must be translated into Vietnamese.

Article 8. Responsibilities for state management of notarization

1. The Government shall unify state management of notarization.

2. The Ministry of Justice shall take responsibility to the Government for state management of notarization nationwide.

3. Ministries and ministerial agencies shall, within their functions, tasks and powers, take responsibility for cooperating with the Ministry of Justice in state management of notarization.

4. The People’s Committees of provinces and municipalities (hereinafter referred to as “provincial People’s Committees”) shall, within their functions, tasks and powers, take responsibility for state management of notarization in their divisions.

Article 9. Prohibited acts

1. Notaries are prohibited from committing the following acts:

a) Disclosing information on notarized contents, unless notarial requesters agree in writing or otherwise provided by law; using information on notarized contents to infringe upon lawful rights and interests of individuals and organizations, and rights and interests of the State;

b) Notarizing translations the purposes, subject matters or contents of which violate law or are contrary to social ethics; inciting or enabling parties to transactions to conduct sham transactions or commit other deceitful acts;

c) Notarizing transactions which are related to property or interests of their own or of their relatives being spouses; natural parents, adoptive parents; natural parents, adoptive parents of their spouses; natural children, adopted children or children-in-law; grandparents, siblings or siblings-in-law; and natural grandchildren, adopted grandchildren;

d) Harassing or causing difficulties for notarial requesters; receiving or requesting money or other benefits from the notarial requesters in addition to notarial fees, fees and prices for on-demand services related to notarial acts and other expenses already determined and agreed; receiving or demanding money or other benefits from a third party to perform or fail to perform notarial acts;

dd) Forcing others to use their services; colluding with others to falsify contents of applications for notarization and notarial records;

e) Spending money or offering other benefits, exerting pressure, threatening or committing acts which are illegal or contrary to social ethics in order to gain advantage in notarial acts;

g) Advertising themselves or their organizations in the mass media;

h) A notary practicing his/her profession concurrently at two or more notarial practice organizations; concurrently being a bailiff, lawyer, auctioneer, asset management officer, legal consultant, and appraiser; working under employment contracts or labor contracts at enterprises, cooperatives, cooperative unions, agencies, or other organizations, or participating in jobs that regularly require working during office hours;

i) A notary participating in the management of an enterprise, cooperative, or cooperative union other than his/her notarial practice organization; providing brokerage or agency services or receiving profits from a transaction which he/she has notarized; performing production and trading activities or providing services outside the scope of notarization and authentication;

k) Allowing others to use their decisions on appointing as notaries, or notary’s cards;

l) Providing full or partial funding with other notaries to establish or receive the entire contributed capital transferred from all partners of a notary office organized and operating as a partnership without participating in such notary office as a partner; contributing capital, receiving capital contribution, cooperating with organizations and individuals other than notaries to establish or receive the entire contributed capital transferred from all partners of a notary office organized and operating as a partnership; investing in the establishment or purchase of a notary office organized and operating as a private enterprise without acting as the head of such notary office.

2. A notarial practice organization shall be prohibited from committing the following acts:

a) Performing the acts specified in points a, b, d, dd, e, g, i and l clause 1 of this Article;

b) Opening branches, representative offices, establishments and locations of transaction other than the headquarters of the notarial practice organization;

c) Allowing people who are not eligible for notarial practice or notaries who are temporarily suspended from notarial practice to perform notarization and authentication at the organization;

d) Allowing notaries to perform notarization and authentication at the organization when its decision to permit establishment (hereinafter referred to as “establishment permission”) has been revoked.

3. Individuals and organizations shall be prohibited from the following acts:

a) Pretending to be notaries, notarial requesters, witnesses or interpreters;

b) Providing false information and documents; disclosing or using information that they know after performing notarial acts according to the provisions of point a clause 1 of this Article; using counterfeit or illegally erased or modified papers and documents to request notarization or to request appointment or re-appointment of notaries;

c) Committing deceitful or dishonest acts during the process of requesting notarization, witnessing or interpreting;

d) Obstructing notarial activities; refusing to provide information and documents serving the illegal notarization; refusing to carry out legal procedures related to notarized transactions without legal grounds;

dd) Individuals not being notaries, organizations not being notarial practice organizations committing the following acts: Providing full funding, contributing capital, receiving contributed capital, associating or cooperating in sharing profits earned from notarial activities; providing notarial services; naming organizations, enterprises, cooperatives, cooperative unions, hanging billboards or performing other advertising acts with the content of providing notarial services or the content of services causing confusion with notarial services.

Chapter II

NOTARIES

Article 10. Criteria for appointment of notaries

A person who fully satisfies the following criteria shall be considered for appointment as a notary:

1. Being a Vietnamese citizen who are 70 years old or younger

2. Permanently residing in Vietnam, observing the Constitution and law, having good ethical qualities and being physically fit for notarial practice;

3. Obtaining a bachelor of law or master of law or doctor of law degree;

4. Having performed legal work at agencies or organizations for at least 3 years after obtaining the bachelor of law, master of law or doctor of law degree;

5. Having graduated from a notary training course;

6. Meeting requirements on notarial apprenticeship results.

Article 11. Notary training

1. Those who possess a bachelor of law, master of law or doctor of law degree may attend notary training courses at notary training institutions.

2. A notary training course must last for 12 months, except for cases specified in clause 3 of this Article.

3. The following persons must complete a 6-month notary training course:

a) Those who have served as judges; procurators; investigators; inspectors, chief verifiers of courts; intermediate enforcement officers, chief inspectors of civil enforcement; chief inspectors of prosecution; grade II legal assistants; chief inspectors of justice; chief specialists, chief legal officers, chief researchers, principal lecturers in the field of law.

b) Bailiffs, lawyers and auctioneers who have practiced for full 05 years or more;

c) Professors, associate professors specializing in law; doctors of law;

d) Those who have served as senior verifiers of courts; senior enforcement officers, senior inspectors of civil enforcement; senior inspectors of prosecution; grade I legal assistants; senior inspectors of justice; senior specialists, senior legal officers, senior researchers, senior lecturers in the field of law.

4. Each individual who has completed a notary training program shall be granted a certificate of completion of the notary training course by a notary training institution.

5. The Government shall provide regulations on notary training institutions.

6. The Minister of Justice shall stipulate the framework program for notary training and equivalence recognition for those who have been trained in notary abroad.

Article 12. Notarial apprenticeship

1. An individual who has been granted a certificate of graduation from a notary training course should contact the notarial practice organization according to clause 2 of this Article to serve his/her apprenticeship; if he/she cannot contact the notarial practice organization, he/she may request the Justice Department to arrange the apprenticeship.

The apprentice shall register his/her apprenticeship at the Justice Department of the area where the notarial practice organization admits the apprentice.

The period of notarial apprenticeship is 12 months from the effective date of the decision on apprenticeship registration.

2. Notarial practice organizations admitting apprentices must have notaries satisfying the conditions for mentoring apprentice prescribed in Clause 3 of this Article and have material facilities satisfying the apprenticeship.

3. Notaries assigned as mentors must have at least two years’ experience in notarial practice. A notary who is disciplined or administratively sanctioned for violations against regulations on notarial practice may not act as a mentor within 12 months after the date of completing the serving of the disciplining decision or administrative sanctioning decision. A notary who is mentoring apprentices but is disciplined or administratively sanctioned for violations against regulations on notarial practice, suspended from notarial practice, dies or is declared dead or missing by a court, the notarial practice organization shall assign another eligible notary to continue mentoring; in case there are no more eligible notaries, the notarial practice organization shall report to the Justice Department for appointing another notarial practice organization to admit apprentices.

A notary may not concurrently mentor more than 2 apprentices.

The mentors shall guide and take responsibility for tasks performed by apprentices under their guidance.

4. Apprentices must fully serve the apprenticeship for a specific number of working days and hours required by the notarial practice organizations admitting them; be provided with guidance on skills of practicing and performing tasks related to notarization and authentication assigned by their mentors guide and take responsibility before their mentors for such tasks.

5. Individuals who have completed their apprenticeship period may take a final test; if they pass the test, they shall be granted a certificate of completion of notarial apprenticeship.

The certificate of completion of notarial apprenticeship is indefinite, except for the case that within 05 years from the date of issuance of the certificate, if the holder of the certificate fails to request appointment as a notary, the certificate will cease to be valid; and then the certificate holder must register for attending and satisfying the requirements of examination of notarial apprenticeship results if he/she wishes to be appointed as a notary.

6. The Minister of Justice shall elaborate this Article.

Article 13. Appointment as notaries

1. Individuals fully satisfying the criteria specified in Article 10 of this Law and not included in the group of individuals ineligible for appointment as notaries specified in clauses 2, 3, 4, 5, 6, 7 and 8 Article 14 of this Law may request the Minister of Justice to appoint as notaries.

2. The Government shall stipulate dossiers and procedures for appointment as notaries.

Article 14. Individuals ineligible for appointment as notaries

1. Individuals who fail to fully satisfy the criteria for appointment as notaries as prescribed in Article 10 of this Law.

2. Individuals who are undergoing criminal prosecution; individuals who have been convicted for an unintentional crime but have not had their criminal records expunged, or for an intentional crime, including individuals whose criminal records have been expunged.

3. Those who are being put under supervision by commune authority, placed in compulsory education institutions, or compulsory detoxification establishments.

4. Those who have their civil act capacity lost or restricted; have limited cognition or behaviour control.

5. Officials, public employees, except for public employees of Notary bureaus; officers, non-commissioned officers, professional army men, workers and public employees of agencies and units under Vietnam People’s Army; officers, non-commissioned officers, army men, workers and employees of units and agencies under Vietnam People’s Public Security.

6. Bailiffs, lawyers, auctioneers, asset management officers, legal consultants, and appraisers or individuals who are performing the tasks specified in point h clause 1 Article 9 of this Law.

7. Officials who have been disciplined by dismissal; public employees who have been disciplined by dismissal; officers, non-commissioned officers, professional army men, workers and public employees of agencies and units under Vietnam People’s Army, and officers, non-commissioned officers, army men, workers and employees of units under Vietnam People’s Public Security who have been disciplined in the form of deprival of the title of army man or people’s policeman or have been dismissed.

8. Bailiffs, lawyers, auctioneers, asset management officers, legal consultants, and valuers who are terminated or have their legal practice certificates revoked due to violations against for less than 03 years from the effective date of the termination decision or revocation of the practice certificate.

Article 15. Suspension from notarial practice

1. A notary shall be under suspension from notarial practice in the following cases:

a) He/she is facing a criminal prosecution;

b) He/she is being subjected to an administrative handling measure as prescribed in clause 3 Article 14 of this Law.

Within 05 working days from the day on which the decision on criminal prosecution or the decision on imposition of administrative handling measure on the notary is received, the Department of Justice which has issued the notary’s card shall issue a decision on suspension from notarial practice.

2. The maximum duration of suspension from notarial practice is 12 months.

3. The suspension from notarial practice shall be cancelled ahead of schedule in the following cases:

a) A decision on termination of investigation or the case is issued, or an effective acquittal is issued by a court;

b) The notary is no longer subjected to the administrative handling measure.

Within 05 working days from the day on which the written request attached to documents proving the cancellation of suspension from notarial practice sent by the notary is received, the Department of Justice shall issue a decision to cancel the suspension from notarial practice.

4. The Government shall stipulate the submission and posting of information on decisions on suspension from notarial practice, decisions to cancel suspension from notarial practice.

Article 16. Termination of notaries

1. A notary may be terminated at his/her own will or reassigned under a decision of a competent authority.

The notary is automatically terminated upon reaching the age of 70.

2. A notary shall be terminated in the following cases:

a) He/she no longer satisfies the criteria for notaries prescribed in Article 10 of this Law, except for individuals automatically terminated specified in clause 1 of this Article.

b) He/she is included in the entities specified in clause 4 Article 14 of this Law;

c) He/she is recruited, appointed or mobilized to hold one of the positions specified in clause 5 Article 14 of this Law, except for individuals who have been terminated as specified in clause 1 of this Article;

d) He/she is included in the entities specified in point h clause 1 Article 9 of this Law;

dd) He/she fails to conduct notarial practice within 2 years after being appointed or re-appointed as a notary or fails to conduct notarial practice for 12 consecutive months or more, except for cases where notaries fail to conduct notarial practice upon suspension from notarial practice as specified in Article 15 of this Law, or their notary offices are suspended from operation as specified in point b clause 1 Article 32 of this Law;

e) The duration of suspension from notarial practice prescribed in Clause 2, Article 14 of this Law has expired but the reason for the suspension still exists;

g) He/she has been sanctioned for administrative violations of regulations on notarial practice for 02 times or more within 12 months; he/she has conducted notarial practice though he/she fails to fully satisfy conditions for notarial practice or while he/she is being suspended from notarial practice;

h) He/she has been disciplined for 02 times or more within 12 months or disciplined by dismissal;

i) He/she is convicted under a court’s legally effective verdict;

k) He/she is ineligible for appointment as a notary at the time of appointment.

3. The Government shall stipulate dossiers and procedures for termination of notaries.

Article 17. Re-appointment as notaries

1. Notaries who have been terminated to perform other tasks under decisions of competent authorities may be considered for re-appointment as notaries when they satisfy criteria specified in clause 1 and clause 2 Article 10 of this Law; in case they are terminated at their own will, they are considered notaries if they fully meet the criteria specified in Article 10 of this Law.

2. Notaries who have been terminated as specified in clause 2 Article 16 of this Law may be considered to be re-appointed as notaries if they fully satisfy criteria specified in Article 10 of this Law, and the term of termination of notaries of 2 years from the effective date of the decisions on termination of notaries has expired and the reasons for their termination no longer exist, except for the entities specified in clause 3 of this Article.

3. Individuals who fall under one of the following cases shall be ineligible for re-appointment as notaries:

a) Notaries have been terminated in case they are convicted under a sentence of an unintentional crime but have not had their criminal records expunged, or of an intentional crime, including individuals whose criminal records have been expunged.

b) Notaries have been terminated in case they have conducted notarial practice when they fail to fully satisfy criteria for notaries or while they are being suspended from notarial practice;

c) Individuals are ineligible for appointment as notaries as prescribed in Article 14 of this Law at the time of requesting re-appointment as notaries.

4. Powers and procedures for re-appointment as notaries shall comply with the provisions of appointment as notaries specified in Article 13 of this Law. The Government shall stipulate applications for re-appointment as notaries.

Article 18. Rights and obligations of notaries

1. Notaries shall have the following rights:

a) To have their right to notarial practice protected by law;

b) To establish, participate in the establishment of notary offices, participate in notary offices as partners or work under employment contracts or labor contracts for notarial practice organizations;

c) To notarize transactions in accordance with this Law and other relevant laws; to authenticate copies from originals, signatures in documents, instruments, signatures of translators as prescribed by law on authentication;

d) To request related individuals, agencies and organizations to provide information and documents, and to use information from databases as prescribed by law to perform notarial acts;

dd) To exercise other rights according to the provisions of this Law and other relevant laws.

2. Notaries shall have obligations to:

a) adhere to principles of notarial practice;

b) respect and protect lawful rights and interests of notarial requesters;

c) conduct notarial practice at 01 notarial practice organization; work the required days and hours as per regulations of the notarial practice organizations;

d) guide notarial requesters to comply with regulations on notarization procedures and provisions of relevant law; explain to notarial requesters their lawful rights, obligations and interests, and legal significance and consequences of notarization;

dd) refuse notarization in case transactions in violation of law, social ethics and other cases as prescribed by this Law; clearly explain the reasons for refusal of notarization;

e) keep contents of notarized documents secret, unless otherwise agreed in writing by notarial requesters or provided by law;

g) attend notary re-training courses every year;

h) join notary associations in divisions where they wish to practice and to maintain their membership status throughout the course of practicing notary practice in such divisions;

i) take responsibility before law and notarial requesters for document they have notarized;

k) take responsibility before law for operations of notary offices of which they are partners or owners of sole proprietorships;

l) fulfil other obligations according to the provisions of this Law and other relevant laws.

Chapter III

NOTARIAL PRACTICE ORGANIZATIONS

Article 19. Notarial practice organizations

1. Notarial practice organizations include Notary bureaus and notary offices that are organized and operate in accordance with the provisions of this Law and other relevant laws.

2. The Ministry of Justice shall develop and propose to the Government to issue strategies for development of the notarization field; provide guidance to local authorities for developing Schemes on management and development of notarial practice organizations.

3. The Provincial-level People’s Committees shall promulgate Schemes on management and development of notarial practice organizations; consider deciding the transfer of the authority to authenticate transactions from the district-level Justice Departments and the commune-level People's Committees to notarial practice organizations in districts where notarial practice organizations have been developed to meet the notarization requirements of individuals and organizations as prescribed by the Government.

Article 20. Notary bureaus

1. Notary bureaus shall be established under decisions of provincial People’s Committees.

2. Notary bureaus are public service providers affiliated to the provincial-level Justice Departments, and have their own offices, seals and accounts, and are organized and operate in accordance with the provisions of this Law, and law on public service providers and fully meet the following requirements:

a) A notary must have at least 02 notaries; at district-level divisions where notary offices are permitted to be established, organized and operate in the form of sole proprietorships, a notary bureau may have 01 notary;

b) The headquarters of notaries must fully satisfy requirements prescribed by the Government.

3. The at-law representatives of notary bureaus shall be the heads of such notary bureaus who are appointed, terminated and dismissed by Directors of Justice Departments as prescribed by law. The heads of notary bureaus must be notaries who have practiced for at least 02 years.

4. The name of a notary bureau must contain the words “notary bureau” followed by the ordinal number of its establishment and the name of the province or central-affiliated city where it is established.

5. Notary bureaus shall use seals bearing no national emblem. Notary bureaus may have their seals carved and use them after obtaining establishment decisions. Procedures and applications for seal carving shall comply with the law on seals.

6. The publishing of information on establishment, conversion and dissolution of Notary bureaus shall comply with the provisions of the Government.

Article 21. Establishment of Notary bureaus

1. A Justice Department shall take charge and cooperate with relevant agencies affiliated to the provincial-level People’s Committee in charge of planning and investment, finance and internal affairs in developing a scheme on establishing a Notary bureau and submit it to the Provincial-level People’s Committee for consideration and decision. The scheme must state the necessity to establish a Notary bureau, its expected organizational apparatus, name, personnel, location, physical conditions, and implementation plan.

New Notary bureaus may only be established in district-level divisions where qualified notary offices have not yet been developed to satisfy notarization demands.

2. Notaries of Notary bureaus are permitted to conduct notarial practice from the day on which decisions on establishment of Notary bureaus are issued or Notary bureaus employ more notaries.

Article 22. Conversion and dissolution of Notary bureaus

1. In case a qualified notary office of a local division has been developed to satisfy the notarization demands from applicants and on the basis of the provisions of relevant law, the Justice Department shall prepare a scheme on conversion of the Notary bureau into a notary office and submit it to the provincial-level People’s Committee for consideration and decision.

2. In case a notary bureau cannot be transformed into a notary office, the Justice Department shall prepare a scheme on dissolution of the notary bureau and submit it to the provincial-level People’s Committee for consideration and decision.

Procedures for dissolution of the Notary bureau shall comply with the provisions of law on public service providers. The notary bureau may be dissolved only after it fully pays its debts, completes procedures for termination of labor contracts signed with its employees, and settles all notarization requests already received.

3. The Government shall stipulate in detail the conversion of Notary bureaus into notary offices; regulate timeline for completing the conversion of Notary bureaus into notary offices, dissolution of Notary bureaus in local divisions.

Article 23. Notary offices

1. Notary offices shall be organized and operate in accordance with this Law and other relevant laws concerning partnerships; In district-level administrative divisions with low population density, where infrastructure and services are underdeveloped, and there are difficulties in establishing notary offices in the form of partnerships, notary offices shall be organized and operate in accordance with the provisions of this Law and other relevant laws regarding partnerships and sole proprietorships.

The Government shall stipulate the list of district-level administrative divisions where notary offices that are organized and operate in the form of sole proprietorships are permitted to be established and the conversion of forms of Notary offices in such district-level administrative divisions.

2. A notary office that is organized and operate in the form of a partnership must have at least 02 partners and no capital contributors. Partners must be notaries and have equal rights when deciding on the matters of the notary office. The head of the notary office must be a partner of a Notary bureau and have practiced notarization for at least 02 years.

If the notary office is organized and operates in the form of a sole proprietorship, the owner of the sole proprietorship shall also be the Head of the notary office and must be a notary who has practiced notarization for at least 02 years.

3. The Head of a notary office shall be the at-law representative of the notary office and perform the management and administration of operations of the notary office; they are not permitted to hire others to manage the notary office, nor are they permitted to lease the notary office.

4. The name of a notary office shall contain the words “notary office” followed by the proper name in Vietnamese of the notary office chosen by all partners of the notary office that is organized and operate in the form of a partnership or the notary who is the head of the notary office that is organized and operate in the form of a sole proprietorship in a manner that ensures the following requirements:

a) It is prohibited to use the names of state agencies, units of the people's armed forces, political organizations, socio-political organizations, socio-professional political organizations, social organizations, and socio-professional organizations as all or part of the proper name of the notary office;

b) It must not be identical to or cause confusion with the name of another notarial practice organization operating nationwide;

c) It is prohibited to use words or symbols that violate the historical, cultural, ethical traditions and customs of the nation.

5. The headquarters of notary offices must fully satisfy requirements prescribed by the Government.

Notary offices shall have their own seals and accounts and operate on the principle of financial autonomy with their revenues coming from notarial fees, notarization-related service fees related to the notarization and other lawful sources.

6. Notary offices shall use seals bearing no national emblem. Notary offices may have their seals carved and use them after obtaining registration certificates. Procedures and applications for seal carving shall comply with the law on seals.

Article 24. Establishment of Notary offices

1. On the basis of the provisions of law on requirements for establishing notary offices, notaries requesting establishment of notary offices shall prepare applications for establishment of notary offices and submit them to the Justice Departments of divisions where the notary offices are intended to be established.

2. A notary falling under one of the following cases is not permitted to establish or participate in establishing a new notary office:

a) He/she is being a public employee of a Notary bureau;

b) He/she is being a partner of 01 notary office;

c) He/she is being the Head of a notary office that is organized and operates in the form of a sole proprietorship;

d) The 2-year term prescribed in clause 6 Article 27, clause 5 Article 31 and clause 4 Article 34 of this Law has not yet expired.

3. Notary offices established in divisions with difficult/extremely difficult socio-economic conditions may be given tax incentives in accordance with tax laws and other incentives in accordance with the Government’s regulations.

4. The Government shall stipulate dossiers and procedures for establishment of notary offices.

Article 25. Registration of notary offices

1. Within 90 days from the effective date of the establishment permission decision, the notary office shall be registered with the Justice Department of the division where the decision is issued.

2. The contents of registration of a notary office include:

a) The name and form of organization of the notary office;

b) Address of its headquarters;

c) Full name, personal identification number (PIN), number of the decision on appointment as notary of the Head of the notary office;

d) Full names, personal identification numbers (PINs), numbers of the decisions on appointment as notaries of partners of notary offices that are organized and operate in the form of partnerships;

dd) The list of notaries working under labor contracts of the notary office (if any).

3. Notary offices may be operated, notaries of notary offices may be practiced from the day on which notary offices are granted registration certificates.

4. The Government shall stipulate dossiers and procedures for registration of notary offices.

Article 26. Changes of contents of registration of notary offices

1. Within 10 days from the day on which one of the contents specified in clause 2 Article 25 of this Law is changed, a notary office shall register the changed content with the Justice Department of division where the notary office has registered its operation.

In case of addition of partners or notaries working under labor contracts of a notary office, notaries may be practiced from the day on which the notary office is re-granted the registration certificate or has the changed contents recorded in the registration certificate of the notary office by the Justice Department.

The notary office is only permitted to change the address of its headquarters within the district-level administrative division where its headquarters is located according to the establishment permission of the Provincial-level People’s Committee.

The change of name of the notary office must satisfy requirements specified in clause 4 Article 23 of this Law.

2. The Justice Department shall re-grant the registration certificate when a notary office changes its name, address or head; in case of changing other contents of registration certificate, the Justice Department shall record the changed contents in the registration certificate of the notary office.

3. Notary offices that have their registration certificates lost or damaged shall be re-granted.

4. The Government shall stipulate dossiers, procedures for changing and re-issuance of registration certificates of notary offices; the provision of information on contents of registration certificates, change of contents, suspension from operation, shutdown of notary offices; publishing of contents of registration certificates of notary offices.

Article 27. Termination of partnership status of notary offices

1. A notary terminates the partnership status of a notary office in the following cases:

a) The notary voluntarily withdraws his/her capital from the notary office or transfers all of his/her contributed capital to one or several other partners of the notary office; transfers all of his/her contributed capital as prescribed in Article 30 of this Law;

b) The notary is given a decision on termination of notary or falls under the case of automatically termination as prescribed by this Law;

c) The notary is dead or declared dead or missing by a court;

d) The notary is expelled from the notary office.

2. A partner may withdraw their capital from a notary office or transfer all of their contributed capital to one or several other partners of the notary office, provided that at least three-quarters of the total number of partners of the notary office approve in writing, and the notary office must have at least two partners remaining at the time the partner withdraws their capital or transfers their contributed capital.

A partner must notify in writing to other partners and the Justice Department where the notary office registers its operations of the request for capital withdrawal at least 06 months before the withdrawal date; capital can only be withdrawn at the end of the financial year and after the financial statements of the notary office for that financial year have been approved.

The notary office shall notify in writing to the Justice Department of the notary’s completion of capital withdrawal or contributed capital transfer. The partnership status of the notary shall terminate at the time the Justice Department records it in the registration certificate of the notary office. In case the Head of the notary office withdraws his/her capital or transfers his/her contributed capital, the partnership status of the notary shall terminate at the time the Justice Department re-grants the registration certificate of the notary office.

3. A partner shall be expelled from a notary office as prescribed by the Law on Enterprises. Documents proving and documents concerning the expulsion of the partner shall be sent to the Justice Department upon requesting change of contents of registration. The partnership status of the expelled notary shall terminate at the time the Justice Department records the expulsion in the registration certificate of the notary office. In case the Head of the notary office is expelled, the partnership status of the notary shall terminate at the time the Justice Department re-grants the registration certificate of the notary office.

4. The value of the contributed capital of a partner in any of the cases specified in points b, c and d clause 1 of this Article shall be paid to a notary or their heir according to the proportion of the capital contribution after deducting his/her liabilities.

5. In case the name of a notary whose the partnership status is terminated is used to name a notary office, the notary office must change the name when requesting change of contents of registration of the notary office.

6. Within 02 years from the date of terminating the partnership status according to the provisions in points a, b, and d clause 1 of this Article, the notary whose partnership status has been terminated shall still be jointly liable for all of their property for the debts of the notary office arising during the period they were a partner of that notary office; after this period, the notary may establish or participate in the establishment of a new notary office, join another notary office as a partner, or purchase a notary office that is organized and operate in the form of a sole proprietorship.

Article 28. Admission of new partners of notary offices

1. A notary office may admit new partners if at least three-quarters of the total number of partners agree. Each partner must fully contribute the capital commitment to the notary office within 15 days from the date of approval to become a partner. After the new partner fully pays the committed capital, the notary office shall submit an application for changing contents of registration due to the admission of such partner.

2. In case a partner of a notary office dies or is declared dead by a court, the heir of that partner may become a partner of the notary office if they are a notary and are approved by at least three-quarters of the remaining partners.

Article 29. Consolidation and merger of notary offices that are organized and operated in the form of partnerships

1. Two or more notary offices located in the same province or central-affiliated city may be consolidated into a new notary office (hereinafter referred to as “consolidated notary office") by transferring all their property and lawful rights, obligations and interests to the consolidated notary office and, at the same time, shutting down the consolidating notary offices.

One or several notary offices may be merged into another notary office located in the same province or central-affiliated city by transferring all their property and lawful rights, obligations and interests to the merging notary office and, at the same time, shutting down the merged notary offices.

2. The Provincial-level People’s Committees shall consider deciding the permission for consolidation or merger of notary offices.

3. The Government shall stipulate dossiers and procedures for consolidation and merger of notary offices.

Article 30. Transfer of the entire capital contribution of all partners of a notary office

1. After a notary office operated for at least 02 years, the entire partners of the notary office may transfer the entire capital contribution to at least 02 other notaries who fully meet the conditions prescribed in Clause 2 of this Article.

2. A notary receiving the contributed capital by transfer as prescribed in clause 1 of this Article must fully meet the following conditions:

a) The notary have practiced notarization for at least 2 years if he/she is expected to take over the position of head of the notary office;

b) If the notary was a partner (or the head of a notary office that is organized and operates in the form of a sole proprietorship), 2 years have elapsed from the day on which the partnership status is terminated (or the day on which the notary is no longer the head of the notary office that is organized and operates in the form of a sole proprietorship);

c) The notary must undertake to practice as a partner at the notary office that he/she received the contributed capital by transfer.

3. The provincial-level People’s Committees shall consider deciding the permission for transfer of the entire capital contribution of all partners of notary offices.

4. The partnership status of a notary transferring all of his/her contributed capital shall be terminated at the time the Justice Department re-grants the registration certificate of the notary office.

5. Within 02 years from the date of terminating the partnership status, the notary whose partnership status has been terminated shall still be jointly liable for all of their property for the debts of the notary office arising during the period they were a partner of that notary office; after this period, the notary may establish or participate in the establishment of a new notary office, join another notary office as a partner, or purchase a notary office that is organized and operate in the form of a sole proprietorship.

6. The Government shall elaborate this Article.

Article 31. Sale of notary offices that are organized and operate in the form of sole proprietorships

1. After a notary office that is organized and operates in the form of a sole proprietorship has operated for at least 02 years, the head of the notary office may sell his/her notary office to another notary.

2. A notary who purchasing a notary office as prescribed in clause 1 of this Article must fully meet the following conditions:

a) The notary has practiced notarization for at least 02 years;

b) If the notary was a partner or the head of a notary office that is organized and operates in the form of a sole proprietorship, the term of 2 years from the day on which the partnership status is terminated or the day on which the notary is no longer the head of the notary office that is organized and operates in the form of a sole proprietorship must be expired;

c) The notary must undertake to practice as the head of the notary office that he/she is intended to purchase.

3. The provincial-level People’s Committees shall consider deciding the permission for sale of notary offices that are organized and operate in the form of sole proprietorships.

4. After selling a notary office, the head shall still be liable for all of the other debts and obligations of the notary office arising during the period before transferring the notary office, unless otherwise agreed upon by the head of the notary office, purchaser and creditor.

5. Upon expiration of the term of 2 years from the date of selling a notary office as prescribed in this Article, the notary who has sold the notary office is permitted to establish or participate in establishing a new notary office or participate in another notary office as a partner or purchase a notary office that is organized and operates in the form of a sole proprietorship.

6. The Government shall elaborate this Article.

Article 32. Suspension from operation of notary offices

1. A notary office shall be suspended from operation in the following cases:

a) All notaries of the notary office have been suspended from notarial practice;

b) The notary office is unable to operate due to force majeure events or objective obstacles as prescribed by the Civil Law.

2. The period of suspension from operation of a notary office shall be as follows:

a) The maximum period shall be 12 months for cases specified in point a clause 1 of this Article;

b) The suspension period shall be the period during which a force majeure event or objective obstacle occurs for cases specified in point b clause 1 of this Article.

3. Within 15 days from the date of occurrence of the event mentioned in Clause 1, the Justice Department where the notary office is registered with shall issue a decision on suspension from operation of the notary office. Within 15 days from the day on which the reason for suspension no longer exists, the Justice Department shall issue a decision to terminate the suspension from operation of the notary office.

4. A notary office suspends its operation in a case specified in clause 1 of this Article shall transfer notarial records upon request for technical corrections in notarized documents, amendments, supplements, termination, cancellation of transactions, issuance of copies of notarized documents, and notarization of mortgage contracts in accordance with Clause 2 of Article 56 of this Law to a notarial practice organization designated by the Department of Justice to receive the records for implementation; the Department of Justice shall take charge and cooperate with the Notary Association and relevant agencies and organizations in transferring notarial records. Upon expiration of the suspension period, these notarial records shall be handed back to the notary office.

The Minister of Justice shall elaborate this clause.

Article 33. Revocation of establishment permission of notary offices

1. A notary office shall have its establishment permission revoked in the following cases:

a) The notary office fails to register its operation within the prescribed period specified in Article 25 of this Law or contents of registration do not comply with the application for establishment of the notary office approved by the provincial-level People's Committee;

b) The contents declared in the application for establishment of the notary office are forged;

c) The notary office has not yet commenced operations after 06 months from the date of issuance of the registration certificate;

d) The notary office fails to operate continuously for 03 months or more, except in cases of suspension from operations as stipulated in Article 32 of this Law;

dd) The notary office that is organized and operates in the form of a partnership has only one partner, except for the cases specified in clause 2 of this Article;

e) All partners of the notary office or notary that is the head of the notary office that is organized and operates in the form of a sole proprietorship are terminated, die or are declared by a court to be dead or are prohibited from notarial practice by a court.

g) The notary office fails to ensure maintenance of the satisfaction with operation conditions according to the provisions of this Law and decrees elaborating this Law;

h) The notary office fails to maintain the satisfaction with requirements regarding notaries and headquarters as per the application for establishment approved by the provincial-level People’s Committee and registration certificate issued by the Justice Department within at least 01 year from the date of issuance of the certificate, except in cases specified in point g of this clause;

i) In case an organization or individual that is not a notary establishes or participates in establishment, receives all of the contributed capital of all partners or purchases the notary office, the notary office shall be operated in the form of a sole proprietorship;

k) The suspension period of the notary office specified in Article 32 of this Law is expired but the reason for suspension still exists, except in case of suspension from operation due to force majeure events or objective obstacles.

2. In case a notary office has only one partner remaining because the other partner dies, is declared dead by a court, is expelled from the notary office, is terminated of notary, or is prohibited from notarial practice by a court, it is required to supplement at least one new partner within 6 months from the date on which the notary office has only one partner remaining. Upon expiration of such period, if the notary office fails to add partners, the establishment permission decision shall be revoked.

3. The Justice Department shall inspect, review and prepare applications for issuing decisions to revoke notary office establishment permission decisions by the Provincial-level People’s Committees.

Article 34. Shutdown of notary offices

1. A notary office shall shut down in the following cases:

a) The notary office requests for shutdown;

b) The notary office has its establishment permission revoked;

c) The notary office is consolidated or merged.

2. In case of shutdown according to the provisions of point a clause 1 of this Article, at least 30 days before the planned time of shutdown, a notary office shall send a written report on the planned shutdown to the provincial-level Justice Department with which it has registered. Before the time of shutdown, the notary office shall fully pay its tax and other liabilities, complete procedures to terminate labor contracts signed with notaries and other staff members and settle notarization requests already received. If it is unable to settle notarization requests already received, the notary office shall reach agreement with notarial requesters on the performance of such requests.

In case a notary office shuts down under Point c, Clause 1 of this Article, its rights and obligations shall be further exercised and performed by the consolidated or merging notary office.

A Justice Department shall revoke the registration certificate of a notary office within 7 working days from the day on which the notary office completes its obligations specified in this clause and propose the provincial-level People’s Committee to revoke the establishment permission.

3. In case a notary office shuts down under Point b, Clause 1 of this Article, within 7 working days after a decision to revoke notary office’s establishment permission is issued, the provincial-level Justice Department shall revoke the notary office’s written registration certificate.

Within 60 days after having its establishment permission revoked, a notary office shall fully pay its tax and other liabilities, complete procedures to terminate labor contracts signed with notaries and other employees; for notarization requests it has received but not yet settled, the notary office shall return applications for notarization to notarial requesters. Past this time limit, if the notary office still fails to fulfil its property-related liabilities or the notary office has its establishment permission revoked because all of the partners of the notary office (if it is organized and operates in the form of a partnership) or the notary who is the head of the notary office (if it is organized and operates in the form of a sole proprietorship) die or are declared dead by a court, the property of the notary office, its partners and owner of the sole proprietorships shall be used to pay its liabilities in accordance with the civil law and other relevant laws.

4. After 02 years from the effective date of the decision to revoke the registration certificate of a notary office, its partners (or the head if the notary office is organized and operates in the form of a sole proprietorship) that has been shut down according to the provisions of points a and b clause 1 of this Article may establish, participate in establishing a new notary office, participate in another notary office as a partner, purchase a notary office that is organized and operates in the form of a sole proprietorship.

5. The Government shall elaborate this Article.

Article 35. Rights of notarial practice organizations

1. Sign employment contracts or labor contracts with notaries prescribed at Points a and c, Clause 1, Article 37 of this Law and other employees.

2. Collect notarial fees, on-demand service fees related to notarization and other expenses as prescribed by this Law and other laws.

3. Provide notarization services outside the working days or hours applicable to state administrative agencies to meet notarization demands of individuals or organizations.

4. Exploit and use information from the notarization database and national population database and relevant databases in accordance with notarization laws.

5. Exercise other rights according to the provisions of this Law and other relevant laws.

Article 36. Obligations of notarial practice organizations

1. Monitor and ensure that notaries practicing at their organizations follow administrative procedures in accordance with the provisions of law, comply with Code of Ethics for notaries, the Charter of the Vietnam Notary Association, and implement the decisions of competent state authorities.

2. Comply with labor, tax, finance, and statistics laws.

3. Apply the working days or hours applicable to state administrative agencies and ensure that their notaries and other employees comply with the regulations on working days and hours.

4. Post up working timetables, notarization procedures, rules on receipt of notarial requesters, notarial fees, on-demand service fees related to the notarization and other expenses at their headquarters; send reports to Justice Departments for approving and posting up lists of their freelance translators.

5. Purchase professional liability insurance for their notaries in accordance with Article 39 of this Law; pay compensation for damage in accordance with Article 40 of this Law.

6. Receive, manage and enable notarial apprentices during their apprenticeship period at their organizations.

7. Enable their notaries to practice notarization, participate in annual re-training for notarial profession.

8. Comply with competent state agencies’ requests concerning reporting, examination, inspection and provision of information on notarized transactions; authenticated papers and documents.

9. Make registers of notarization requests, notarial registers, other types of books, and keep notarial records in accordance with law.

10. Provide information to be entered into notarization databases in accordance with the provisions of Article 66 of this Law.

11. Keep contents of notarized documents secret, unless otherwise agreed in writing by notarial requesters or provided by law;

12. Use seals at the headquarters of notarial practice organizations and comply with the provisions of law on management and use of seals.

13. Receive notarial records designated by the Justice Departments in accordance with the provisions of Article 68 of this Law.

14. Fulfil other obligations according to the provisions of this Law and other relevant laws.

Chapter IV

NOTARIAL PRACTICE

Article 37. Forms of professional practice by notaries

1. Forms of professional practice by a notary include:

a) The notary is a public employee of a Notary bureau;

b) If the notary was a partner of a notary office that is organized and operates in the form of a partnership or the head of a notary office that is organized and operates in the form of a sole proprietorship, or the notary is the head of a notary office that is organized and operates in the form of a sole proprietorship.

c) The notary works under a labor contract in a Notary bureau or a notary office.

2. The recruitment, management and employment of notaries specified in point a clause 1 of this Article shall comply with the provisions of this Law and public employee laws.

The professional practice of notaries specified in point b clause 1 of this Article shall comply with the provisions of this Law and enterprise laws.

The signing and performance of labor contracts with notaries prescribed at Point c, Clause 1 of this Clause must comply with this Law and labor laws and public service provider laws.

Article 38. Notary’s cards

1. When practicing notarization, notaries shall carry their notary’s cards.

2. Justice Departments shall issue cards to notaries of Notary bureaus after decisions on establishment of Notary bureaus are issued or Notary bureaus employ more notaries.

Justice Departments shall issue cards to notaries of notary offices when issuing registration certificates, renewing or changing contents of registration certificates of notary offices in case notary offices employ more notaries.

3. In case their granted cards are lost or damaged or notarial practice organizations change their names, notaries shall be re-granted notary’s cards.

4. In case notaries are terminated or they no longer practice notarization at notarial practice organizations granting their cards, notarial practice organizations dissolve, shut down or change their names, notary’s cards shall be revoked.

5. The Minister of Justice shall stipulate in detail the form of notary’s cards, issuance, renewal and revocation of notary’s cards.

Article 39. Professional liability insurance for notaries

1. Professional liability insurance for notaries is compulsory insurance.

2. Notarial practice organizations are obliged to purchase professional liability insurance for their notaries. The purchase of professional liability insurance for notaries shall be maintained throughout the operation duration of a notarial practice organization.

Within 10 working days from the date of insurance purchase or the date of modification or extension of contracts on professional liability insurance for notaries, a notarial practice organization shall notify such and send copies of these contracts or the modified or extended contracts to a Justice Department.

3. The Government shall stipulate in detail conditions, rules of insurance, insurance premiums and sum assured of professional liability insurance for notaries.

Article 40. Compensation for damage in notarial activities

1. Notarial practice organizations shall pay compensation for damage caused to notarial requesters and other organizations and individuals due to faults of their notaries or employees in the process of notarization.

In case a notarial practice organization has transformed, consolidated or merged, the heir of its rights and obligations shall pay compensation for damage; in case a notarial practice organization has dissolved or shut down, its notaries or employees who directly cause damage shall pay compensation by themselves, including individuals who no longer are notaries or employees of the notarial practice organization.

2. Notaries, employees who directly cause damage shall indemnify the notarial practice organization for the compensation amount already paid by this organization to the damage sufferer in accordance with law, even if they are no longer notaries or employees of the notarial practice organization; in case they fail to indemnify such amount, the notarial practice organization may request a court to settle.

Article 41. Socio-professional organizations of notaries

1. Socio-professional organization of notaries means a self-managed organization which represents and protects lawful rights and interests of notaries, including the Vietnam Notary Association and the Notary Association of provinces and central-affiliated cities.

2. The Vietnam Notary Association shall issue code of ethics for notarial practice to be applicable nationwide. The code of ethics for notarial practice must not be contrary to the provisions of law and the Charter of the Vietnam Notary Association.

3. A socio-professional organization of notaries shall have the following duties and powers:

a) Represent and protect rights and interests of notaries practicing notarization;

b) Annually review and evaluate the quality of the notary contingent; supervise notaries complying with the provisions of law on notarization, the code of ethics for notarial practice;

c) Participate with state agencies in organizing training and apprenticeship of notarial practice, annual re-training for notarial profession, and professional guidance for members;

d) Other duties and powers related to notarial activities in accordance with the provisions of this Law and the Government's regulations.

4. The Ministry of Justice shall approve the Charter of the Vietnam Notary Association after reaching a consensus with the Ministry of Home Affairs; suspend the implementation and request amendments to resolutions, decisions, regulations, and the Code of Ethics for notarial practice issued by the Vietnam Notary Association that are contrary to the provisions of this Law and other relevant laws.

5. The Government shall elaborate this Article.

Chapter V

PROCEDURES FOR NOTARIZATION OF TRANSACTIONS

Section 1. General procedures for notarization

Article 42. Notarization of ready-made transactions

1. A notarial requester shall submit an application for notarization online, in person or by post to a notarial practice organization. The application for notarization shall include the following documents:

a) The draft transaction;

b) The copy of identity card or passport or another personal identity paper of the notarial requester in accordance with law;

c) The copy of the certificate of property ownership or right to use property, or the judgment, decision of a court, or another decision of a competent state agency regarding the handling of property or its substitute paper as prescribed by law for property subject to ownership or use right registration under law, in case the transaction is related to the property;

d) Copies of other papers related to the transaction as required by law.

In case the notarial practice organization has accessed the information specified in points b, c and d of this clause in the national population database, or other databases under law, the notarial requester is not required to submit these documents but must pay the data access fee as prescribed by law for the notary practice organization to access the data.

2. A notary shall check the documents in an application for notarization. When the application is complete and valid as prescribed by law, he/she shall accept and process it; In case of rejection, he/she shall directly explain the reason for rejection or reply in writing to the notarial requester.

3. Notaries shall provide guidance and explanation to notarial requesters the rights, obligations and lawful interests as well as the significance and legal consequences of their entry into transactions.

4. When having grounds to believe that an application for notarization contains unclear matters, the transaction was concluded under threat or coercion, or having doubts about the civil act capacity of the notarial requester, or the object of the transaction has not yet been specifically described, a notary may request the notarial requester to clarify the matters or, at the request of the notarial requester, conduct verification or request assessment; In the event that the notarial requester cannot clarify and refuses verification, assessment request, or the matter has been verified or assessed but still remains unclear, the notary shall refuse to notarize.

5. A notary shall check the draft transaction. If the draft transaction contains some articles and clauses contrary to law or social ethics or the object of the transaction is inconsistent with law, the notary shall point them out for the notarial requester to modify. If the notarial requester fails to modify, the notary has the right to refuse to notarize.

6. The notarial requester shall himself/herself read again the draft transaction or request the notary to read it.

7. The notarial requester shall sign every page of the transaction, write his/her full name and affix his/her organization's seal (if applicable) to the last page of the transaction if agreeing with the whole contents of the draft transaction; In case fingerprinting, it shall be carried out in accordance with the provisions of Article 50 of this Law. The notary shall request the notarial request to present the originals of documents specified in points b, c and d clause 1 of this Article for comparison before writing testimonies and signing every page of the transaction; for the documents specified in point d clause 1 of this Article, if the notarial requester does not carry the originals at the time when the notary writes testimonies and append a signature, the requester may present the copies from the master register or certified true copies.

8. The notarial practice organization shall write the number of notarized document, affix a seal, give the original of the notarized document to the notarial requester, enter information into the notarial register and keep the notarial record according to the provisions of Article 68 of this Law and other relevant laws.

Article 43. Notarization of transactions drafted by notaries at the request of notarial requesters

1. A notarial requester shall submit a dossier as prescribed in points b, c and d clause 1 Article 42 of this Law and state the contents of, and the intention of concluding, the transaction.

2. A notary shall perform the acts specified in clauses 2, 3 and 4 Article 42 hereof.

When the contents of, and the intention of concluding, the transaction are lawful and consistent with social ethics, the notary shall draft the transaction.

3. Other procedures shall comply with the provisions of clauses 6, 7 and 8 Article 42 hereof.

Article 44. Authority to notarize transactions on real estate

A notary of a notarial practice organization shall only be permitted to notarize real estate transactions within the province or central-affiliated city where the notarial practice organization headquartered, excluding testaments or written disclaimers of real estate and letters of authorization related to the exercise of real estate-related rights, agreements establishing the property regime of spouses regarding real estate, and notarizing the modification, supplementation, termination, or cancellation of these transactions in accordance with the law.

Article 45. Notarization time limit

1. The notarization time limit shall be counted from the date of a notary’s acceptance of a valid application for notarization recorded in the record of notarization requests to the time of issuance of notarization results. The time of verification and assessment of contents related to transactions and posting of information on the acceptance for notarization of written agreements on division of estate shall not be included in the notarization time limit.

2. The notarization time limit is two working days; for complicated transactions, this time limit may be longer but must not exceed 10 working days. In the event of force majeure or objective obstacles, or due to reasons from the notarial requester that lead to the inability to ensure the time limit as stipulated in this clause, the notarial requester may reach a written agreement with the notarial practice organizations regarding the notarization time limit.

Article 46. Notarization places

1. Except the cases specified in Clause 2 of this Article, notarization shall be conducted at head offices of notarial practice organizations.

2. Notarization may be conducted outside the head office of a notarial practice organization if the notarial requester falls under one of the following cases:

a) The requester writes a testament at his/her place of residence in accordance with the provisions of the Civil Code;

b) The requester cannot move due to health-related reasons; currently undergo inpatient treatment or isolation as directed by a medical facility;

c) The requester is held in custody or in prison, is serving an imprisonment sentence; or is subjected to administrative measures;

d) The requester has another plausible reason according to the Government's regulations.

Article 47. Scripts and notation of time in notarized documents

1. Scripts in notarized documents must be clear and legible, must not use any abbreviations and symbols, must not be written between two lines or over the lines, and must not be erased; no blank space is allowed, unless otherwise provided by law.

2. The time of notarization shall be expressed in terms of date, month and year; the hour and minute may also be indicated as requested by the notarial requester or considered necessary by the notary. Unless otherwise provided by law, numbers shall be written in both figures and words.

Article 48. Testimonies of notaries

1. Testimonies of a notary for a transaction must clearly state the following contents:

a) The time and place of notarization;

b) The full name of the notary and name of the notarial practice organization;

c) Certifying that the party to the transaction acts on a completely voluntary basis and has civil act capacity, and that the purpose and contents of the transaction are compliant with law and social ethics;

d) Signatures or fingerprints in the transaction are those of the notarial requester, signatures or fingerprints of witnesses and interpreters in case of having witnesses and interpreters; signatures and fingerprints shall be witnessed by the notary or added in advance in case of registration of a specimen signature as prescribed in clause 2 Article 50 of this Law;

dd) Responsibilities of the notary for the transaction;

e) Information on the reason for notarization outside the office, witnessing or interpreting in case of notarization outside the office or notarization with witnesses or interpreters.

2. A testimony must be signed by a notary and sealed by a notarial practice organization. The testimony of an electronic notarized document must be signed digitally by both a notary and a notarial practice organization.

3. A notary shall, pursuant to clause 1 of this Article, draft a testimony in accordance with each specific transaction; he/she must not include in his/her testimony contents aimed at evading or eliminating his/her responsibilities or contents that violate the law or are contrary to social ethics.

4. The Minister of Justice shall elaborate sample testimonies of notaries.

Article 49. Notarial requesters, witnesses, interpreters

1. Notarial requesters being individuals must have civil act capacity that is conformable to the transaction that they conduct.

For notarial requester being organizations, notarization requests shall be made through at-law representatives or authorized representatives of these organizations.

Notarial requesters shall produce all necessary papers related to the notarization and take responsibility for the accuracy and lawfulness of such papers.

2. In case notarial requesters cannot read, hear, sign or press fingerprints, or in other cases prescribed by law, witnesses are required during notarization.

Witnesses shall be invited by notarial requesters or, if notarial requesters cannot invite witnesses, be designated by notaries; if notaries cannot designate witnesses, the notarization shall be refused.

Witnesses must have full civil act capacity, do not fall under the cases of requiring witnesses as prescribed in this clause and have no rights, interests or obligations related to the notarization.

Witnesses must directly witness the notarization and take responsibility before law for their testimony.

3. In case a notarial requester is not fluent in Vietnamese or is a person with a visual impairment, a person with a hearing and speech disability, an interpreter is required.

The interpreter shall be invited by the notarial requester and take responsibility before law for his/her interpretation.

The interpreter must have full civil act capacity, be fluent in Vietnamese and the language used by the notarial requester or be the person who is literate in language of persons with a visual impairment or can see or hear, speak in the language or sign of persons with a hearing or speech disability and have no rights, interests or obligations related to notarization.

The interpreter must accurately and fully interpret the content of the transaction, the content of the notary's communication with the notarial requester regarding the legal rights, interests, and obligations of the parties involved in the transaction.

Article 50. Signatures, fingerprints in notarized documents

1. A notarial requester, witness or interpreter shall append their signature to each page of a transaction in the presence of a notary, except for the case specified in clause 2 of this Article and the case where the notarial requester cannot affix his/her signature or fingerprint. The notarized document shall be signed according to the Government’s regulations.

The signing of the notarized document in the presence of the notary must be photographed and stored in the notarial record.

2. When a person competent to conclude a transaction of a credit institution, enterprise, cooperative or cooperative union has registered his/her specimen signature at a notarial practice organization, he/she may sign the transaction beforehand; a notary shall compare the signature in the transaction with the specimen signature before notarization.

The specimen signature shall be registered directly at the notarial practice organization or by an official document with the direct signature of the registrant and the seal of the credit institution, enterprise, cooperative, or cooperative union.

3. Fingerprints may be used instead of signatures in case notarial requesters, witnesses or interpreters are unable to sign. When fingerprinting, the notarial requester, witness or interpreter shall use his/her right forefinger; if he/she cannot use the right forefinger, he/she may use the left forefinger; if he/she cannot use both forefingers, he/she may use another finger and the notary must clearly record in the testimony which finger and which hand the requester, the witness, and the interpreter used for fingerprinting.

4. Both fingerprint and signature may be used in the following cases:

a) Notarization of testaments;

b) At the request of notarial requester;

c) The notary finds it necessary to protect the interests of the notarial requester.

Article 51. Pagination of and affixing of seals in notarized documents.

1. A notarized document containing two or more pages shall be continuously paginated, starting from number 1 on the first page of the transaction to the last page of the testimony.

2. A notarized document containing two or more sheets shall be affixed with an overlapping seal on the inner edges of pages.

3. The pagination and verification of the integrity of an electronic notarized document shall be carried out in accordance with the regulations of the Government.

Article 52. Correction of technical errors in notarized documents

1. Technical errors include recording, typing or printing mistakes in notarized documents the correction of which does not affect the rights and obligations of parties to transactions.

2. Technical errors in notarized documents shall be corrected at a notarial practice organization that has conducted the notarization. If the notarial practice organization that has conducted the notarization has shut down or been transformed, or dissolved, the notary of the notarial practice organization who is keeping the notarial record shall correct technical errors. In case the notarial practice organization suspends its operation, the correction of technical errors shall comply with the provisions of clause 4 Article 32 of this Law.

3. A notary who corrects technical errors shall match each error against papers in the notarial record, underline the errors to be corrected, write the correct words, marks or numbers on the page margin, write the time of correction and his/her full name and signature and affix the seal of the notarial practice organization; in case the margin space is insufficient to record the technical correction content, it may be noted on an attached page with all the aforementioned content.

The notary is responsible for correcting technical errors in all original notarized documents, except in cases where it is not possible to retrieve all originals. The correction must be notified in writing to the parties to the transaction within 03 working days from the date of completion of the correction of technical errors.

4. The correction of technical errors in notarized documents shall comply with the Government’s regulations.

Article 53. Notarization of the modification, supplementation, termination or cancellation of transactions

1. Modifications, supplements or agreements to terminate a notarized contract may be notarized only with the written agreements or commitments of all signatories to that contract, unless otherwise provided for by law.

The notarization of a document on modification or supplementation or termination or cancellation of a notarized document is a unilateral legal act that is carried out at the request of the person who signed the document, unless otherwise provided by law.

2. Except for the cases specified in Clause 4 of Article 58 of this Law, a document on modification or supplementation or termination or cancellation of a notarized transaction shall be notarized by a notary of a notarial practice organization where the notarization was performed; in the event that the notarial practice organization where the notarization was performed shuts down, is transformed, or is dissolved, the notary of the notary organization currently storing the notarial record shall carry out the notarization. In case the notarial practice organization suspends its operation, the modification or supplementation or termination or cancellation of notarized transactions shall comply with the provisions of clause 4 Article 32 of this Law.

3. Procedures for notarization of the modification, supplementation, termination or cancellation of notarized transactions shall be the same as those for notarization of transactions specified in this Chapter.

Article 54. Persons having the right to request courts to declare notarized documents invalid

Notaries who have carried out notarization, notarial requesters, witnesses, interpreters, persons with related rights and interests and state agencies have the right to request Courts to declare notarized documents invalid when they have grounds to believe that the notarization is in violation of law.

Section 2. PROCEDURES FOR NOTARIZATION OF TRANSACTIONS AND CUSTODY OF TESTAMENTS

Article 55. Principles of following notarization procedures

Procedures for notarization of real estate mortgage contracts, authorization contracts, testaments, written agreements on division of estate, written disclaimers of estate shall comply with the provisions of Section 1 of this Chapter and provisions of this Section for each type of transaction.

Article 56. Notarization of real estate mortgage contracts

1. The authority to notarize real estate mortgage contracts shall comply with the provisions of Article 44 of this Law.

2. In case a real estate has been mortgaged to secure the performance of one obligation and the mortgage contract has been notarized but such real estate is then further mortgaged to secure the performance of another obligation as permitted by law, a subsequent mortgage contract shall be notarized at the notarial practice organization that has notarized the first mortgage contract. In case the notarial practice organization that has notarized the first mortgage contract has shut down or been transformed or dissolved, a notary of the notarial practice organization that is keeping the notarial record shall notarize the subsequent mortgage contract. In case the notarial practice organization that has notarized the first mortgage contract has suspended its operation, the subsequent mortgage contract shall be notarized in accordance with the provisions of clause 4 Article 32 of this Law.

Article 57. Notarization of an authorization contract in case both the authorizing party and authorized party cannot appear together at the same notarial practice organization

1. In case both the authorizing party and authorized party cannot appear together at the same notarial practice organization, the authorizing party may request a notary of a selected notarial practice organization to certify the request for authorization in an authorization contract; the authorized party may request a notary of a selected notarial practice organization to further certify the original of this authorization contract to confirm the acceptance of authorization, shall complete procedures for notarization of the authorization contract and send the original of the notarized document to the notarial practice organization that the authorizing party has the notarization done for archiving purposes.

The notarized authorization contract shall take effect from the time when the notary of the notarial practice organization that both the authorizing party and the authorized party have requested for notarization affixes his/her signature and the notarial practice organization’s seal. For an electronic notarized document, digital signatures of the notary and the notarial practice organization are required.

2. The notarization of amendments, supplements, and agreements to terminate an authorization contract specified in Clause 1 of this Article shall comply with the provisions of Article 53 of this Law. The authorizing party and the authorized party may reach an agreement that the authorizing party requests the notary of the notarial practice organization that notarized the authorization to notarize the amendments, supplements, or agreements to terminate the authorization contract, and then send the originals of the amendments, supplements, or agreements to terminate the authorization contract to the authorized party to request the notary of the notarial practice organization that notarized the acceptance of authorization to further notarize modifications, supplements, or agreements to terminate the authorization contract and send the original of that notarized document to the notarial practice organization where the authorizing party has the notarization done for archiving purposes.

In case both parties request notarization at one of the two notarial practice organizations that have previously performed the notarization, the notarial practice organization is responsible for notifying and sending one copy of the modifications, supplements, or agreements to terminate the contract to the remaining notarial practice organization for notarial record-keeping purposes.

3. Technical errors of notarized documents as prescribed in clause 1 of this Article shall be corrected at the notarial practice organizations that have performed the notarization, unless otherwise provided for by law. Notaries shall correct technical errors according to the provisions of clause 3 and clause 4 Article 52 of this Law, and notify the technical error correction to the other notarial practice organizations that have performed the notarization within 03 working days from the completion of the technical error correction.

Article 58. Notarization of testaments

1. A testator shall personally sign or sign and affix their fingerprint on the notarized testament but may not authorize another person. In case the testator is unable to sign and cannot provide a fingerprint, the testament must be witnessed in accordance with the provisions of Clause 2, Article 49 of this Law.

2. In case the notary finds that the testator shows signs of losing civil capacity, has restricted civil capacity, experiences difficulties in cognition or self-control, or has grounds to believe that the testament is being made under deception, threat, or coercion, the notary shall request the testator to clarify; if clarification cannot be provided, the notary shall refuse to notarize the testament.

3. In case the life of a testator is under threat, the testator is not required to produce all the papers specified in Clause 1, Article 42 of this Law but shall clearly state such in the notarized document.

After 03 months from the making the testament as stipulated in this clause, if the testator is no longer in a life-threatening situation, the testator must submit all documents specified in Clause 1, Article 42 of this Law; if the testator fails to submit the required documents specified in Clause 1, Article 42 of this Law, the notarized testament shall be invalid.

4. The testator who wishes to modify, supplement, replace, or cancel part or the whole of, his/her notarized testament may request a notary of any notarial practice organization to notarize such modification, supplementation, replacement or cancellation. In case the testament was previously kept at a notarial practice organization, the testator shall notify this organization of the modification, supplementation, replacement or cancellation of the testament.

Article 59. Notarization of written agreements on division of estate

1. The heirs at law or under a testament may request notarization of their written agreements on the division of estate.

Notaries are responsible for verifying and ensuring that the division of estate is carried out in accordance with the provisions of the Civil Code and other relevant laws.

2. In addition to the documents specified in Clause 1 of Article 42 or Clause 1 of Article 43 of this Law, an application for notarization of a written agreement on division of estate must include the following documents:

a) Death certificate or other documents as prescribed by law proving the death of the decedent;

b) The testament in the case of testamentary inheritance; documents proving the relationship between the decedent and the estate heir in the case of at-law inheritance and in the case where the heir is decided regardless of the content of the testament as stipulated by the Civil Code;

c) Documents proving the land use rights and property ownership of the decedent in cases where the inheritance consists of land use rights or properties that are legally required to be registered for ownership.

3. A notary shall verify whether a decedent is the person having land use rights or property ownership and the notarial requesters are estate heirs; if there is any uncertainty, the notary shall request clarification or proceed with verification, and request an assessment in accordance with the provisions of Clause 4, Article 42 of this Law.

4. Notarial practice organizations shall post up information on the acceptance for notarization of written agreements on division of estate. Notaries shall only notarize written agreements on division of estate after the completion of posting up the information has been confirmed and no complaints or accusations related to that division have been received.

The Government shall stipulate in detail the procedures for posting up the acceptance for notarization of written agreements on division of estate specified in this clause.

5. Procedures for notarization of written agreements on division of estate as prescribed in clauses 2, 3 and 4 of this Article are also applicable to cases of testamentary inheritance or at-law inheritance where there is only one heir.

6. The notarized written agreements on division of estate shall be the grounds for competent state agencies to register the transfer of LURs or property ownership to estate heirs.

Article 60. Notarization of written disclaimers of estate

1. Heirs may request notarization of written disclaimers of estate in accordance with the Civil Code.

2. In addition to the documents specified in Clause 1 of Article 42 or Clause 1 of Article 43 of this Law, an application for notarization of a written disclaimer of estate must include the following documents:

a) Death certificate or other documents as prescribed by law proving the death of the decedent;

b) The testament in the case of testamentary inheritance; documents proving the relationship between the decedent and the estate heir in the case of at-law inheritance and in the case where the heir is decided regardless of the content of the testament as stipulated by the Civil Code.

Article 61. Custody of testaments and declaration of custody of testaments

1. A testator may request a notarial practice organization to keep his/her testament in custody. When agreeing to keep a testament in custody, a notary shall seal up the testament in the presence of the testator, make a custody receipt and hand it to the testator. The custody receipt must include information on the notarial practice organization keeping the testament in custody, notary sealing up the testament and the testator.

2. When the notarial practice organization that keeps a testament in custody shuts down or is transformed or dissolved, it shall, before shutdown, conversion or dissolution, reach agreement with the testator on the transfer of the testament to another notarial practice organization for custody. If no such agreement is made or such agreement cannot be reached, the testament and custody charge shall be returned to the testator. In case the organization cannot contact the testator, the testament shall be transferred to the notarial practice organization that has accepted the dossier of the notarial practice organization that has shut down or has been transformed or dissolved.

3. The announcement of testaments kept at notarial practice organizations must comply with the Government's regulations.

Section 3. Electronic notarization

Article 62. Principles and scope of electronic notarization

1. Electronic notarization means the notarization that is performed by electronic means to create electronic notarized documents, complying with the principles in Article 5 of this Law and the following principles:

a) Ensure security, safety, protection of data messages and information confidentiality in accordance with law; the information in such data messages is accessible and usable for reference;

b) Notaries and notarial practice organizations may provide electronic notarization services if all of the conditions specified in Article 63 of this Law are met.

2. On the basis of the socio-economic conditions, demands and ability to provide electronic notarization services during each period, the Government stipulates the scope of transactions to be notarized electronically.

The Government of Vietnam shall elaborate Article 63 and Article 64 of this Law.

Article 63. Conditions for provision of electronic notarization services

1. A notary may provide electronic notarization services if he/she meets all of the following conditions:

a) Have an account to perform electronic notarization; and

b) Have a digital signature and use timestamping services in accordance with the regulations of the law on electronic transactions.

2. A notarial practice organization may provide electronic notarization services if it meets all of the following conditions:

a) Have an account to perform electronic notarization;

b) Have a digital signature and use timestamping services in accordance with the regulations of the law on electronic transactions; and

c) Have sufficient technical equipment to perform electronic notarization.

Article 64. Electronic notarized documents

1. An electronic notarized document means an e-certificate that is created according to the principles and scope specified in Article 62 of this Law.

2. An electronic notarized document shall take effect from the time it is signed digitally by a notary and a notarial practice organization.

3. An electronic notarized document shall have legal validity as specified in clause 2 and clause 3 Article 6 of this Law.

4. The conversion between an electronic notarized document and a physical notarized document shall comply with the provisions of law on electronic transactions.

The converted notarized document is considered to have the same value as the original when it meets all the conditions stipulated by the law on electronic transactions, except in cases where the law specifies that such document is made to meet conditions for transferring ownership and exists only in a single form.

Article 65. Procedures and electronic notarial records

1. The electronic notarization shall be performed according to the procedures for direct electronic notarization or the online electronic notarization and be regulated as follows:

a) Direct electronic notarization refers to the process in which a notarial requester engages in a transaction in the direct presence of a notary; the notary and the notarial practice organization shall certify the transaction using a digital signature to create an electronic notarized document.

b) Online electronic notarization refers to the process in which the parties involved in a transaction requiring notarization are not present at the same location and conclude the transaction through online means in the direct presence of a notary; the notary and the notarial practice organization shall certify the transaction using a digital signature to create an electronic notarized document.

2. Electronic notarization procedures shall comply with the provisions of Section 1 and Section 2 of this Chapter.

3. The Government shall elaborate the procedures for electronic notarization procedures; stipulate electronic notarial records.

Chapter VI

NOTARIAL DATABASES AND PRESERVATION OF NOTARIAL RECORDS

Article 66. Notarial databases

1. A notarial database includes the notarial database of the Ministry of Justice and local notarial databases.

2. The notarial database of the Ministry of Justice include information on notaries, notarial practice organizations, data on notarial activity results; information that is integrated and synchronized from local notarial databases according to the roadmap specified by the Government.

The Ministry of Justice shall develop the notarial database of the Ministry of Justice; promulgate regulations on management, update, access, use and sharing of the notarial database of the Ministry of Justice.

3. Local notarial databases include information on the origin of property and transaction status of property and information on preventive measures and risk warning in notarial activities, information about transactions that have been notarized, notarized documents, and related materials in notarial records.

The provincial-level People’s Committees shall develop local notarial databases; promulgate regulations on management, update, access, use and sharing of local notarial databases.

4. Notarial databases must be updated fully, accurately, promptly in a manner that ensures security and safety in accordance with law. The collection, access, use and provision of information of notarial databases shall comply with the provisions of law on protection of private life, personal secrets, and family secrets.

The connection and sharing of information between notarial databases and national databases, databases of ministries, central and local authorities and other databases must ensure effectiveness, safety, and compliance with the functions, tasks, and powers as prescribed by this Law and other relevant laws.

5. Funding for development, management, operation, maintenance and upgrading of notarial databases shall be allocated from the state budget and other sources according to the law.

6. The Government shall elaborate this Article.

Article 67. Notarial records

1. A notarial record includes: The original of the notarized document; copies of papers that the notarial requester has submitted and printed documents on information on the notarial practice organization that has accessed information from the national population database and other databases in accordance with law; verification and assessment papers; photograph of the notarial requester signing the notarized document in the presence of the notary, except in cases where a specimen signature has been registered at the notarial practice organization as specified in clause 2 Article 50 of this Law; and other relevant papers.

2. Notarial records shall be numbered chronologically in conformity with the recording in the notarial register.

Article 68. Preservation of notarial records

1. Notarial practice organizations shall strictly preserve and take all security and safety measures for fire, explosion, mold, and termite prevention and fighting for notarial records.

2. Notarial records shall be preserved at the head offices of notarial practice organizations for at least 30 years for transactions with the subjects of real estate; for at least 10 years for other transactions from the effective date of notarized documents; in case of preservation outside head offices of these organizations, it is required to obtain the written agreements from the Justice Departments of divisions where the notarial practice organizations are located.

3. When a competent state agency requests in writing the supply of notarial records for supervision, examination, inspection, investigation, prosecution, trial or judgment enforcement related to notarized affairs, the concerned notarial practice organization shall supply copies of notarized documents and other relevant papers. The comparison of copies of notarized documents with their originals may only be conducted at the notarial practice organization that keeps notarial records.

4. The distraint of property and search of head offices of notarial practice organizations must be conducted in accordance with law and in the presence of representatives of Justice Departments or representatives of local notary associations.

5. In case a notarial practice organization is dissolved or shuts down, the organization must negotiate with another notarial practice organization located in the same province or central-affiliated city on the acceptance of the notarial record.

In case they cannot come to an agreement, the Justice Department shall designate a Notary bureau to accept the notarial record; in case of no Notary bureau, the Justice Department shall designate a qualified notary office to accept the notarial record; if the notarial practice organization is dissolved or shuts down and is no longer able to cover the costs of retention of the notarial record, these costs shall be ensured by the local government budget.

In case the Notary bureau is transformed into a notary office, the notarial record shall be preserved by the transformed notary office.

6. The Government shall elaborate this Article and the preservation of electronic notarial records.

Article 69. Issuance of copies of notarized documents

1. Copies of notarized documents shall be issued in the following cases:

a) At the request of competent state agencies in the cases specified in clause 3 Article 68 of this Law;

b) At the request of the parties involved in transactions, persons with rights and obligations related to the notarized transactions.

The issuance of copies of notarized documents at the request of persons with rights and obligations related to notarized transactions must be agreed by notarial requesters; in case a notarial requester is an individual who has died or has been declared dead by a Court, or a legal entity that has shut down, the consent of the heir for the individual, and the consent of the individual or organization inheriting the rights and obligations of that legal entity must be obtained.

2. Copies of notarized documents shall be issued by notarial practice organizations that are keeping the originals of such notarized documents.

3. The issuance of copies of notarized documents that are being kept at notarial practice organizations that suspended from operations shall comply with the provisions of clause 4 Article 32 of this Law.

Chapter VII

NOTARIAL FEES; ON-DEMAND SERVICE FEES RELATED TO NOTARIZATION AND OTHER EXPENSES

Article 70. Notarial fees

1. Notarial fees include fees for notarizing transactions, fees for custody of testaments, fees for issuing copies of notarized documents.

Individuals requesting notarization of transactions, custody of testaments or issuance of copies of notarized documents shall pay notarial fees.

2. The rates, collection, transfer, use and management of notarial fees shall comply with the law on fees and charges.

Article 71. On-demand service fees related to notarization

1. Notarial requesters shall pay fees for access and use of information related to transactions in accordance with law, on-demand service fees related to notarization when requiring notarial practice organizations to draft transactions, type, photocopy, and translate papers and documents related to transactions.

2. The provincial-level People’s Committees shall promulgate the maximum fees for on-demand services related to notarization applicable to notarial practice organizations in provinces. Notarial practice organizations shall determine service fees for each type of service not exceeding the maximum fees set by the provincial-level People's Committees and publicly post the service fees at their head offices.

3. Notarial practice organizations shall provide clear explanation to notarial requesters about notarial fees and on-demand service fees related to notarization specified in this Article.

Article 72. Other expenses

1. A notarial requester shall pay expenses in the following cases:

a) He/she requests verification or assessment serving the notarization;

b) He/she requests notarization outside the head office of notarial practice organization; requests notarization outside the working days or hours of the notarial practice organization;

c) The notarial practice organization posts up information on the acceptance for notarization of written agreements on division of estate.

2. Fee rates shall be negotiated by notarial requesters and notarial practice organizations.

3. Notarial practice organizations shall post up principles of calculating other expenses and clearly explain to notarial requesters about such specific expenses.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 73. Notarization by overseas representative missions of the Socialist Republic of Vietnam

1. Overseas diplomatic missions and consulates of the Socialist Republic of Vietnam may notarize testaments, written disclaimers of estate, letters of authorization and other transactions in accordance with this Law and consular and diplomatic laws, excluding contracts on purchase and sale, conversion, transfer, donation, lease, mortgage or contribution of real estate as capital in Vietnam.

2. Consuls or diplomats assigned to conduct notarization must possess a bachelor's degree in law, a master's degree in law, a doctorate in law, or have received re-training in notarization.

3. Consuls or diplomats who conduct notarization according to the procedures specified in Chapter V of this Law have the rights provided at Points c, d and dd, Clause 1, and the obligations specified at Points a, b, d, dd, e, i and l Clause 2, Article 18 of this Law.

Article 74. Amendments to clause 1 Article 398 of Code on Civil Procedures No. 92/2015/QH13 which was amended by Law No. 45/2019/QH14, Law No. 59/2020/QH14, Law No. 13/2022/QH15, and Law No. 19/2023/QH15 and Law No. 34/2024/QH15

Amendments to Clause 1 of Article 398:

“1. Notaries who have carried out notarization, notarial requesters, witnesses, interpreters, persons with related rights and interests and competent state agencies may request Courts to declare notarized documents invalid when they have grounds to believe that the notarization was performed against the law on notarization.”.

Article 75. Entry into force

1. This Law comes into force on July 1, 2025.

2. Law on Notarization No. 53/2014/QH13 amended by Law No. 28/2018/QH14 and Law No. 16/2023/QH15 (hereinafter referred to as “Law on Notarization No. 53/2014/QH13”) will cease to be effective from the effective date of this Law, unless otherwise specified in Clauses 1, 2, 3, 6, 7, 9, 11, 12 and 14 Article 76 of this Law.

Article 76. Transitional provisions on notarial activities applicable from the effective date of this Law

1. Persons who have had certificates of completion of notary re-training courses as specified in the Law on Notarization No. 53/2014/QH13 before the effective date of this Law may register notarial apprenticeship in accordance with this Law.

A participant in a notary training courses or notary re-training course in accordance with Law on Notarization No. 53/2014/QH13, who has not yet completed their course by the effective date of this Law, may continue completing their course in accordance with Law on Notarization No. 53/2014/QH13; the registration of notarial apprenticeship after being granted a certificate of completion shall comply with the provisions of this Law.

2. Persons who have completed apprenticeship period in accordance with the provisions of Law on Notarization No. 53/2014/QH13 may register for notarial apprenticeship result exams in accordance with the provisions of this Law.

Apprenticeship registrants and apprentices under Law on Notarization No. 53/2014/QH13, who has not yet completed their apprenticeship period by the effective date of this Law, may continue be on apprenticeship and must fulfill the obligations of an apprentice as prescribed by this Law from the effective date of this Law; the registration for exams in notarial apprenticeship results shall be comply with the provisions of this Law.

In case persons who have been granted certificates of completion of notarial apprenticeship in accordance with Law on Notarization No. 53/2014/QH13 fail to request the appointment of notaries within the period from the date of issuance of the certificates to the end of the 5-year period from the effective date of this Law, their certificates shall be invalidated.

3. Applications for appointment, re-appointment and termination of notaries submitted in accordance with the provisions of the Law on Notarization No. 53/2014/QH13 that have not yet been processed completely by competent state agencies by the effective date of this Law shall continue to be processed in accordance with the provisions of the Law on Notarization No. 53/2014/QH13.

4. Notaries who have been terminated before the effective date of this Law may be re-appointed as notaries in accordance with the provisions of this Law.

5. Notaries over 70 years old who are practicing notarization on the effective date of this Law may continue practicing notarization for 02 years from the effective date of this Law; notaries aged between full 68 and full 70 on the effective date of this Law may practice notarization until they are full 72 years old. Upon the expiration of the above-mentioned time limit, the notaries shall be automatically terminated.

6. Notary offices that have established before the effective date of this Law but have not yet registered their operations by the effective date of this Law shall continue to register their operations in accordance with the provisions of Law on Notarization No. 53/2014/QH13.

7. Notary offices that have established before the effective date of this Law but have not yet drawn up their charters must develop their charters and submit them to Justice Departments within 03 months from the effective date of this Law; in the case where there are partners who have not contributed capital to notary offices, they must contribute capital and submit the documentary evidence to Justice Departments within the aforementioned time limit.

The revocation of decisions to permit the establishment and shutdown of notary offices established under the provisions of the Law on Notarization No. 53/2014/QH13 shall comply with the provisions of this Law.

In case a notary office has only 01 partner on the effective date of this Law, it is still allowed to add partners according to the provisions of the Law on Notarization No. 53/2014/QH13 within 06 months from the date on which the notary office has only 01 partner.

8. The change of partners of a notary office established under the provisions of the Law on Notarization No. 53/2014/QH13 shall comply with the provisions of this Law.

For persons who have terminated the partnership status of a notary office under the provisions of the Law on Notary No. 53/2014/QH13, from the effective date of this Law, the establishment, participation in the establishment of a new notary office, participation in another notary office as a partner or purchase of a notary office that is organized and operates in the form of a sole proprietorship shall comply with the provisions of this Law; the time limit of 02 years is calculated from the effective date of the decision of the Department of Justice on the termination of the partnership status.

9. Notary’s cards issued before the effective date of this Law may continue to be used. The re-issuance and issuance of new notary’s cards shall comply with the provisions of this Law.

10. Notaries who are practicing notarization before the effective date of this Law but have not yet joined Notary Associations shall, within 03 months from the effective date of this Law, join Notary Associations in divisions where they practice and maintain their membership status throughout the course of practicing notarization in such divisions.

11. For contracts and transactions that were notarized before the effective date of this Law, the issuance of copies, modifications, supplements, termination, cancellation, and correction of technical errors in notarized documents shall comply with the provisions of this Law.

The translations that have been notarized before the effective date of this Law shall continue to be valid; in case there is a need to use a translation, the procedure for authenticating the signature of the translator shall be carried out in accordance with the provisions of this Law and authentication laws.

12. For notarial records that have been preserved in accordance with the provisions of Law on Notarization No. 53/2014/QH13, if the preservation period has not expired by the effective date of this Law, the preservation period shall continue to be in accordance with the provisions of Law on Notarization No. 53/2014/QH13.

13. Within one year from the effective date of this Law, the Government shall organize a review of the regulations on transactions that must be notarized in legislative documents issued before the effective date of this Law and complete the amendment, supplementation, or abolition of regulations within its authority or submit to competent authorities for amendment, supplementation, or abolition of regulations that do not meet the requirements for notarized transactions as stipulated in Clause 1, Article 3 of this Law. When the time limit specified in this clause expires, the regulations regarding transactions that must be notarized in the decree issued prior to the effective date of this Law which are not governed by Laws or the Government’s Decrees but still meet other requirements specified in Clause 1, Article 3 of this Law, and the regulations regarding transactions that must be notarized in the decree issued to handle the results of the review according to the provisions of this clause shall still be effective.

14. Notary offices established before the effective date of this Law may continue operating and must meet the conditions specified in Article 20 of this Law within one year from the effective date of this Law.

This law was adopted by the XV National Assembly of the Socialist Republic of Vietnam, 8th session on November 26, 2024.