What is the ceiling notary fee for drafting contracts in Ho Chi Minh City?
Who Decides Notarization Fees in Ho Chi Minh City?
Based on Article 67 of the Notarization Law 2014, the content is as follows:
Notarization Fees
1. Applicants for notarization must pay a fee when requesting a notarial practice organization to draft contracts, transactions, type documents, copy, translate papers, documents, and other tasks related to notarization.
2. The provincial People's Committee issues the ceiling rates for notarization fees applicable to notarial practice organizations in the locality. The notarial practice organization sets fees for each type of job not exceeding the ceiling rate issued by the provincial People's Committee and publicly lists these fees at its headquarters. Notarial practice organizations charging fees higher than the ceiling rates and the listed fees will be handled according to the law.
3. Notarial practice organizations have the responsibility to clearly explain the notarization fees to the applicants.
The provincial People's Committee issues the ceiling rates for notarization fees applicable to notarial practice organizations in the locality.
Therefore, the ceiling rates for notarization fees applicable to notarial practice organizations in Ho Chi Minh City will be issued by the Ho Chi Minh City People's Committee.
Notarial practice organizations set fees for each type of job not exceeding the ceiling rates issued by the Ho Chi Minh City People's Committee and publicly list these fees at their headquarters.
At the same time, notarial practice organizations charging fees higher than the ceiling rates and the listed fees will be handled according to the law.
Ceiling Notarization Fees for Contract Drafting in Ho Chi Minh City
Ceiling Notarization Fees for Contract Drafting in Ho Chi Minh City
According to Article 4 of Decision 08/2016/QD-UBND, the current ceiling rates for notarization fees for contract drafting in Ho Chi Minh City are stipulated as follows:
Thus, the ceiling rates for notarization fees for contract drafting, transactions are determined based on the simplicity or complexity of the drafting.
Note that these ceiling rates include fees for file analysis, consulting, checking, and evaluating information in the file, administrative costs (such as depreciation of machinery, equipment, electricity, tables, chairs, etc.), and drafting notifications about the settlement of agreements on inheritance acceptance and division to be posted locally.
When is Contract Drafting in Ho Chi Minh City Considered Complex?
According to Clause 3, Article 3 of Decision 08/2016/QD-UBND, the content is as follows:
Principles of Application
...
3. The determination of fees for notarial acts is as follows:
a) For contract, transaction drafting: the ceiling rate is determined based on the simplicity or complexity of the drafting. Drafting is considered complex if it has one of the following factors: involvement of 3 or more parties; transactions involving many assets (3 or more assets), inheritance substitution arising or additional inheritance; agreement content not following available templates; contracts or transactions that are uncommon (such as business commercial contracts; contracts, transactions with foreign elements); requiring witnesses, translators; providing notarization services outside working days, hours at the request of the applicant (except for translation services) and other contracts, transactions agreed upon by the notary public and the applicant as complex. If none of these factors are present, it is considered simple.
These ceiling rates include fees for file analysis, consulting, checking, and evaluating information in the file, administrative costs (such as depreciation of machinery, equipment, electricity, tables, chairs, etc.), and drafting notifications about the settlement of agreements on inheritance acceptance and division to be posted locally.
Contract drafting is considered complex if it has one of the following factors:
- Involvement of 3 or more parties;
- Transactions involving many assets (3 or more assets), inheritance substitution arising or additional inheritance; agreement content not following available templates;
- Contracts or transactions that are uncommon (such as business commercial contracts; contracts, transactions with foreign elements);
- Requiring witnesses, translators;
- Providing notarization services outside working days, hours at the request of the applicant (except for translation services);
- Other contracts, transactions agreed upon by the notary public and the applicant as complex.
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