10 things notaries must not do while practicing notarization in Vietnam

On October 30, 2012, the Ministry of Justice of Vietnam issued the Circular No. 11/2012/TT-BTP promulgating the Rule on notarization practice ethics.

10 việc công chứng viên không được làm khi hành nghề , Thông tư 11/2012/TT-BTP

According to Article 9 of the Rule on notarization practice ethics issued together with the Circular No. 11/2012/TT-BTP of the Ministry of Justice of Vietnam, things which notaries are prohibited to do in relationship with applicants for notarization are specified as follows:

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

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

- 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.  

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

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

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

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

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

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

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

View more details at the Circular No. 11/2012/TT-BTP of the Ministry of Justice of Vietnam, effective from December 20, 2012.

Le Vy

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