Does the notary office in Vietnam charge extra fees in addition to notary fees?
Does the notary office in Vietnam charge extra fees in addition to notary fees? What are the rights of a notary public in Vietnam?
I went to do notarization and in the process of notarization, there was an agreement on additional costs other than notarized costs, please ask if this extra cost in addition to notarization is in accordance with regulations?
Does the notary office in Vietnam charge extra fees in addition to notary fees?
Pursuant to Article 68 of the Law on Notaries 2014 on other expenses as follows:
1. A notarization requester who asks for verification or assessment or notarization to be conducted outside the head office of a notarial practice organization shall pay expenses therefor.
Expense levels shall be agreed upon by notarization requesters and notarial practice organizations. Notarial practice organizations may not collect expenses at levels higher than the agreed ones.
2. Notarial practice organizations shall post up principles of calculating other expenses and clearly explain these expenses to notarization requesters.
In addition, at Point đ, Clause 1, Article 7 of the Law on Notaries 2014 stipulates the following prohibited acts:
đ/ 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;
Thus, according to the current regulations, in addition to the notarial fee, there will be notarial remuneration and other expenses that you pay with the prior agreement of this fee, so they are considered as other expenses. According to the regulations, only fees outside of the three fees mentioned above are prohibited. Therefore, only in case the notary office collects additional money in addition to the agreed expenses will it violate the prohibition of Vietnamese law.
What are the rights of a notary public in Vietnam?
According to Article 32 of the Law on Notaries 2014, the rights of notary organizations are as follows:
1. To sign employment contracts or labor contracts with notaries prescribed at Points a and c, Clause 1, Article 34 of this Law and other employees.
2. To collect notarization charges, notarization remuneration and other expenses.
3. To provide notarization services beyond the working hours applicable to state administrative agencies to meet people’s notarization demands.
4. To exploit and use information from the notarization database prescribed in Article 62 of this Law.
5. To exercise other rights as prescribed by this Law and other relevant legal documents.
Best Regards!
