Vietnam: In which case can the notary notarize the contract at home? How much is the fine for notarizing the contract at the requester's house against the regulations?
In which case can the notary notarize the contract at home?
Pursuant to Article 44 of the 2014 Law on Notarization in Vietnam stipulating as follows:
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 notarization requester is old and weak and cannot move, is held in custody or in prison, is serving an imprisonment sentence or has another plausible reason for being unable to come to the head office of the notarial practice organization.
Thus, a notary can notarize a contract at home including the following 03 cases:
- The notarization requester is old and weak and cannot move.
- The notarization requester is held in custody or in prison, is serving an imprisonment sentence.
- The notarization requester has another plausible reason for being unable to come to the head office of the notarial practice organization.
Vietnam: In which case can the notary notarize the contract at home? How much is the fine for notarizing the contract at the requester's house against the regulations?
How much is the fine for notarizing the contract at the requester's house against the regulations?
If the notary conducts notarization outside the head office of the notarial practice organization but does not comply with the provisions of Article 44 of the 2014 Law on Notarization in Vietnam, he/she may be administratively penalized according to Point a, Clause 2, Article 15 of Decree No. 82/2020/ND-CP as follows:
Violation against regulations on notarial practice activities
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2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the following acts:
a) Notarization outside the head office of the notarial practice organization does not comply with regulations;
b) Notarization within the prescribed time limit;
c) Correct technical errors of notarized documents that are not in compliance with regulations;
d) Harassing and causing difficulties for notarization requesters;
dd) Refuse notarization requests without a plausible reason;
e) Do not use spoken or written Vietnamese language;
g) Failure to participate in the social-professional organization of the notary;
h) Instructing more than 02 apprentices at the same m
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Thus, a notary outside the head office of a notarial practice organization that does not comply with regulations will be subject to an administrative fine of between VND 3 million and VND 7 million.
Note that this level of sanction is applied to individuals, in case an organization commits administrative violations like that of an individual, the fine level is equal to 02 times the fine level for individuals.
What are the prohibited acts for notaries and notarial practice organizations in Vietnam?
Pursuant to Clause 1, Article 7 of the 2014 Law on Notarization in Vietnam, notaries and notarial practice organizations in Vietnam are prohibited from committing the following acts:
- Disclosing information on the contents of notarized documents, unless notarization requesters so agree in writing or otherwise provided by law; using information on notarized contents to infringe upon lawful rights and interests of individuals and organizations;
- Notarizing contracts, transactions or translations the purposes and contents of which violate law or are contrary to social ethics; inciting or creating conditions for parties to contracts or transactions to conduct sham transactions or commit other deceitful acts;
- Notarizing contracts, transactions or translations which are related to properties 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;
- Refusing notarization requests without plausible reasons; harassing or causing difficulties to notarization requesters;
- Receiving or demanding money or other benefits from notarization requesters in addition to notarization changes, notarization remuneration and other expenses already determined and agreed; receiving or demanding money or other benefits from a third party to settle or refuse to settle notarization requests, causing damage to notarization requesters or related organizations and individuals;
- Forcing others to use their services; colluding with notarization requesters or related persons to falsify contents of notarized documents or notarization dossiers;
- Exerting pressure, threatening or committing acts which are illegal or contrary to social ethics in order to gain advantage for themselves or their organizations in notarial practice;
- Advertising themselves or their organizations in the mass media;
- A notarial practice organization establishing branches, representative offices or transaction places other than its head office; conducting production, business and service activities outside its registered scope of operation;
- A notary practicing his/her profession concurrently at two or more notarial practice organizations or performing other regular jobs;
- A notary participating in the management of an enterprise other than his/her notarial practice organization; providing brokerage or agency services; receiving profits from a contract or transaction which he/she has notarized;
- Committing violations of law or rules on notarial practice ethics.
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