Can notaries collect money apart from notarization charges in Vietnam?

Can notaries collect money apart from notarization charges in Vietnam?

Article 9 of the Rule on notarization practice ethics promulgated together with Circular 11/2012/TT-BTP stipulates things which notaries are prohibited to do in relationship with applicants for notarization:

1. Harassing for bribes, causing difficulties for applicants for notarization.

2. Receiving, claiming any amounts, other benefits from applicants for notarization, apart from notarization charges, remunerations and other cost which have been prescribed, defined, agreed. 

3. Receiving money or any material benefit from the third person in order to perform or not perform notarization that arising consequence, causing damage to legitimate benefit of applicants for notarization and relevant parties.  

4. Using information which they know from notarization in order to seek personal benefits.

5. Performing notarization in a case where the objectives and content of a contract or transaction breach the law or contrary to social morals.

6. Giving out promises, engagement aiming to attract applicants for notarization or willingly collect at higher or lower rates of notarization charges, remunerations comparing to regulations or agreements.

7. Notarizing contracts, transactions related to benefit between notaries and applicants for notarization.

8. Collaborating with, facilitating for applicants for notarization to breach lawful rights and interests of other organizations, individuals.

9. Paying commission, discount for applicants for notarization or brokers.

10. Colluding with applicants for notarization, relevant persons to falsify content of notarized written documents and dossiers.

Thus, according to the above regulations in Vietnam, notaries are not allowed to collect any money apart from notarization charges other than the previously agreed costs.

Notary G's act of asking you to pay additional fees for the interpreter is a violation of the law in Vietnam.

Can notaries collect money apart from notarization charges in Vietnam? (Image from the Internet)

How much is penalty for notaries who collect money apart from notarization charges in Vietnam? 

According to Clause 3 and Clause 9, Article 15, Decree 82/2020/ND-CP stipulates violations of regulations on notary practice activities as follows:

3. Fine from 7,000,000 VND to 10,000,000 VND for one of the following acts:

a) Disclose information about notarized content without the written consent of the notarization requester, unless otherwise prescribed by law;

b) Notarization when the notary's signature is missing; signature or fingerprint of the person requesting notarization on each page of the contract or transaction;

c) Notarization without checking and comparing original documents in the notarization file according to regulations before recording testimony and signing each page of the contract or transaction;

d) Receive or request money or other benefits from the notarization requester in addition to the notarization fee according to regulations, determined notary remuneration and other agreed costs;

d) Do not witness the notarization requester, witness, or interpreter signing or fingerprinting the contract or transaction, unless otherwise prescribed by law;

e) Record testimonies in notarized documents with incomplete content as prescribed;

g) Record inaccurate testimony about contract and transaction names; subject of contract or transaction; time or place of notarization;

…

9. Remedial measures:

a) Recommend competent agencies, organizations, and persons to consider and handle papers and documents that have been erased or modified to falsify the content specified in Point m Clause 2 and Point h Clause 4 of this Article;

b) Forced to return illegal profits obtained from committing violations specified in Point d, Clause 3, Point i, Clause 4, Clause 5, Point a, Clause 6 and Clause 7 of this Article;

c) Forcing the notary practice organization that is storing notary records to notify agencies, organizations, and individuals with relevant rights and obligations of violations specified in Points m and q, Clause 3, Points a, b, d, dd, e, g, p and q Clause 4, Clause 5, Points b and c Clause 6 of this Article.

Therefore, if Notary G collects additional costs in addition to the initially agreed costs, he will be fined from 7,000,000 VND to 10,000,000 VND. In addition, notary G must be forced to return the illegal profits derived from collecting additional costs in Vietnam.

Best regards!