Content of Agreement to Create Written Record as Regulated? In Which Cases is a Written Record Not Allowed?
How is the content of an agreement for drafting a notarized record regulated?
Pursuant to Article 38 Decree 08/2020/ND-CP as follows:
Agreement on drafting a notarized record
1. The requester for drafting a notarized record must agree in writing with the Head of the Bailiff's Office on the drafting of the notarized record including the following main contents:
a) The content of the notarized record to be drafted;
b) The location and time for drafting the notarized record;
c) The cost for drafting the notarized record;
d) Other agreements (if any).
2. The agreement on drafting a notarized record must be made in two copies, each party keeps one copy.
The requester will agree with the head of the Bailiff's Office on the following contents when drafting a notarized record:
- The content of the notarized record to be drafted;
- The location and time for drafting the notarized record;
- The cost for drafting the notarized record;
- Other agreements (if any).
How is the content of an agreement for drafting a notarized record regulated? In which cases is drafting a notarized record not allowed? (Image from the Internet)
In which cases is drafting a notarized record not allowed?
Pursuant to Article 37 Decree 08/2020/ND-CP regulating cases where drafting a notarized record is not allowed as follows:
- Cases stipulated in Clause 4, Article 4 of this Decree.
- Violations of regulations on ensuring security, defense including: Infringing on security, defense objectives; disclosing state secrets, spreading news, documents, and items belonging to state secrets; violating regulations on entry, exit, and movement in prohibited areas, protected areas, and safety belts of security, defense works, and military zones; violating regulations on protecting secrets, protecting security, defense works, and military zones.
- Violations of private life, personal secrets, family secrets as stipulated in Article 38 of the Civil Code; contrary to social ethics.
- Certifying the content, the signature in contracts, transactions where the law stipulates under the scope of activities of notarial services, authentication; certifying the accuracy, legality, and non-contrariness to social ethics of translations from Vietnamese to foreign languages or vice versa; certifying signatures and copies as true to the original.
- Recording events, acts to transfer the right to use, ownership of land, and assets without documents proving the right to use, ownership as prescribed by law.
- Recording events, acts to execute illegal transactions requested by the person requesting for notarized record drafting.
- Recording events, acts of officials and public employees, officers, professional soldiers, workers, public employees in agencies, units of the People's Army, officers, non-commissioned officers, soldiers in agencies, units of the People's Police while on duty.
- Recording events, acts not directly witnessed by the Bailiff.
- Other cases as stipulated by law.
For notarized records with multiple pages, do bailiffs have to sign on all pages?
Pursuant to Article 39 Decree 08/2020/ND-CP regulates as follows:
Procedures for drafting notarized records
1. The bailiff must personally witness, draft the notarized record, and take responsibility before the requester and before the law for the notarized record they drafted. The documentation of events and acts in the notarized record must be objective and truthful. If necessary, the bailiff has the right to invite witnesses to witness the drafting of the notarized record.
The requester must provide full and accurate information and documents related to the drafting of the notarized record (if any) and is responsible for the accuracy and legality of the provided information and documents.
When drafting the notarized record, the bailiff must clearly explain to the requester the legal value of the notarized record. The requester must sign or mark the notarized record.
2. The notarized record must be signed by the bailiff on each page, stamped by the Bailiff's Office, and recorded in the notarized record logbook established according to the form prescribed by the Minister of Justice.
3. The notarized record must be sent to the requester and stored at the Bailiff's Office as prescribed by law on archival for notarial documents.
4. Within 3 working days from the conclusion of the drafting of a notarized record, the Bailiff's Office must send the notarized record and supporting documents (if any) to the Department of Justice where the Bailiff's Office is headquartered for registration. Within 2 working days from the receipt of the notarized record, the Department of Justice must register the notarized record.
The Department of Justice shall establish a database about notarized records; implement registration and management of the notarized record database according to the guidance of the Ministry of Justice.
Thus, for notarized records with multiple pages, the bailiff is required to sign on each page and stamp the Bailiff's Office before recording in the notarized record logbook.
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