Law on Notarization 2024 promulgated officially in Vietnam?
Law on Notarization 2024 promulgated officially in Vietnam?
On November 26, 2024, continuing the agenda of the 8th Session, with a majority of National Assembly deputies voting in favor, the National Assembly officially promulgated the Law on Notarization (amended).
To be specific, the Law on Notarization 2024 stipulates regarding notaries, notarial practice organizations, notarial practice procedures, state management of notarization. This law will come into effect on July 1, 2025.
The Law on Notarization 2024 appears as follows:
The Law on Notarization 2024...Download
Law on Notarization 2024 promulgated officially in Vietnam? (Image from the Internet)
What are the notarial and authentication service fees in Vietnam in 2024?
Based on the provisions of Article 4 Circular 257/2016/TT-BTC (amended and supplemented by Article 1 Circular 111/2017/TT-BTC), the fees for notarial and authentication service are as follows:
(1) Notarization fees for contracts, transactions by value
| No. | Contracts, Transactions | Calculation Basis |
|---|---|---|
| 1 | Contracts for transfer, gifting, partition, separation, merger, exchange, capital contribution by land use rights | Based on the value of land use rights |
| 2 | Contracts for transfer, gifting, partition, merger, exchange, capital contribution by land use rights with properties attached to the land, including houses and constructions on the land | Based on the total value of land use rights and properties attached to the land, houses, and constructions on the land |
| 3 | Contracts for sale, gifting of other assets, capital contribution by other assets | Based on the value of assets |
| 4 | Agreements on the division of inheritance, acknowledgment of inheritance | |
| 5 | Loan agreements | Based on the value of the loan |
| 6 | Mortgage/pledge contracts for assets | Based on the value of the asset. If the contract states the loan amount, it is calculated based on the loan value |
| 7 | Economic, commercial, investment, business contracts | Based on the value of the assets/contracts, transactions |
To be specific, depending on the value of assets or contracts, transactions, the notarization fee is calculated as follows:
| No. | Value of Assets/Contracts, Transactions | Fee (VND/case) |
|---|---|---|
| 1 | Various types of contracts mentioned above | |
| 1.1 | Below 50 million VND | 50,000 |
| 1.2 | From 50 million VND - 100 million VND | 100,000 |
| 1.3 | Over 100 million VND - 1 billion VND | 0.1% of the asset/contract, transaction value |
| 1.4 | Over 1 billion VND - 3 billion VND | 1 million VND + 0.06% of the asset/contract, transaction value exceeding 1 billion VND |
| 1.5 | Over 3 billion VND - 5 billion VND | 2.2 million VND + 0.05% of the asset/contract, transaction value exceeding 3 billion VND |
| 1.6 | Over 5 billion VND - 10 billion VND | 3.2 million VND + 0.04% of the asset/contract, transaction value exceeding 5 billion VND |
| 1.7 | Over 10 billion VND - 100 billion VND | 5.2 million VND + 0.03% of the asset/contract, transaction value exceeding 10 billion VND |
| 1.8 | Over 100 billion VND | 32.2 million VND + 0.02% of the asset/contract, transaction value exceeding 100 billion VND (maximum fee is 70 million VND/case) |
| 2 | Contracts for leasing land use rights, houses; leasing, subleasing assets | |
| 2.1 | Below 50 million VND | 40,000 VND |
| 2.2 | From 50 million VND - 100 million VND | 80,000 VND |
| 2.3 | Over 100 million VND - 1 billion VND | 0.08% of the asset value or contract, transaction value |
| 2.4 | Over 1 billion VND - 3 billion VND | 800,000 VND + 0.06% of the asset value or contract, transaction value exceeding 1 billion VND |
| 2.5 | Over 3 billion VND - 5 billion VND | 2 million VND + 0.05% of the asset value or contract, transaction value exceeding 3 billion VND |
| 2.6 | Over 5 billion VND - 10 billion VND | 3 million VND + 0.04% of the asset value or contract, transaction value exceeding 5 billion VND |
| 2.7 | Over 10 billion VND | 5 million VND + 0.03% of the asset value or contract, transaction value exceeding 10 billion VND (maximum fee is 8 million VND/case) |
| 3 | Contracts for selling auctioned assets | |
| 3.1 | Below 5 billion VND | 90,000 |
| 3.2 | From 5 billion VND - below 20 billion VND | 270,000 |
| 3.3 | Over 20 billion VND | 450,000 |
Note:
- For contracts, transactions related to land use rights, assets with state-prescribed prices, the value of land use rights, value of assets for notarization fees shall be determined according to the agreement of the parties in those contracts, transactions.
- If the value of land use rights, asset value agreed by the parties is lower than the price prescribed by the State, the value for notarization fees shall be calculated as follows:
Value of land use rights, asset value for notarization fees = Land area, quantity of assets recorded in the contract, transaction x Land price, asset price prescribed by the competent state agency
(2) Notarization fees for contracts, transactions not by value
Notarization fees for contracts, transactions not based on asset/contract, transaction value are set for each case as follows:
| No. | Type of Work | Fee (VND/case) |
|---|---|---|
| 1 | Notarization of agricultural land use rights conversion contracts | 40,000 |
| 2 | Notarization of guarantee contracts | 100,000 |
| 3 | Notarization of authorization contracts | 50,000 |
| 4 | Notarization of authorization letters | 20,000 |
| 5 | Notarization of amendments, supplements to contracts, transactions (In case of amendments, supplements increasing asset value or contract, transaction value, the corresponding fee is applied for the increase at points a, b, c, Clause 2, Article 4 of this Circular) | 40,000 |
| 6 | Notarization of contract, transaction cancellations | 25,000 |
| 7 | Notarization of wills | 50,000 |
| 8 | Notarization of documents refusing inheritance | 20,000 |
| 9 | Other notarization tasks for contracts, transactions | 40,000 |
(3) Fee for safekeeping wills
The fee for safekeeping wills is 100,000 VND/case
(4) Fee for issuing notarized copies
The fee for issuing notarized copies is 5,000 VND per page, from the 3rd page onwards, each page is 3,000 VND, with a maximum of 100,000 VND per copy.
(5) Notarization fee for translations
10,000 VND per page for the first translation
If the notarization requester requires multiple translations, from the second translation onwards, collect:
- 5,000 VND per page for the first and second pages;
- From the 3rd page onwards, collect 3,000 VND per page, with a maximum of 200,000 VND per copy.
Are there any additional fees beyond notarization fees in Vietnam?
According to Article 32 of the Law on Notarization 2014 as amended by Point b, Clause 9, Article 73 of the Price Law 2023 provisions on the rights of notarial practice organizations to collect notarization fees, service prices upon request related to notarization, and other expenses.
Furthermore, based on Article 68 of the Law on Notarization 2014 regarding other expenses:
- In cases where the notarization requester proposes verification, assessment, or notarization outside the premises of the notarization-practice organization, the requester must pay the expenses for that.
- The expense level is agreed upon by the notarization requester and the notarial practice organization. The notarial practice organization shall not collect expenses exceeding the agreed amount.
Thus, in addition to notarization fees, including fees for contracts, transactions, translations, will safekeeping, and issuing notarized copies, the notarization organization also has the right to collect additional service charges related to notarization (currently regulated as notarization remuneration) and other costs according to legal provisions.
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