Prohibited acts for notarization practice organizations in Vietnam from July 1, 2025

On November 26, 2024, the National Assembly passed the Notarization Law 2024, effective from July 1, 2025, stipulating provisions regarding notaries, notarization practice organizations, the practice of notarization, notarization procedures, and state management of notarization.

What is a notarization practice organization in Vietnam?

- A notarization practice organization includes Notary Public Offices and Notary Offices that are organized and operate following the provisions of the Notarization Law 2024 and other relevant legal regulations.

- The Ministry of Justice is responsible for formulating and submitting to the Government of Vietnam a development strategy in the field of notarization; guiding localities to develop a scheme for the management and development of notarization practice organizations.

- The provincial People's Committee is responsible for issuing a scheme for managing and developing notarization practice organizations; considering and deciding on the transfer of transaction authentication authority from the District Justice Department, the commune-level People's Committee to notarization practice organizations in districts that have developed notarization practice organizations that meet the notarization requirements of individuals and organizations following the regulations of the Government of Vietnam.

(Article 19 of the Notarization Law 2024)

Prohibited acts for notarization practice organizations in Vietnam from July 1, 2025​ (Image from the Internet)

Prohibited acts for notarization practice organizations in Vietnam from July 1, 2025

Based on Clause 1, Article 9 of the Notarization Law 2024, the following actions are prohibited for notarization practice organizations:

- Performing actions specified in points a, b, d, đ, e, g, i, and l of Clause 1, Article 9 of the Notarization Law 2024;

- Opening branches, representative offices, establishments, or other transaction venues outside the head office of the notarization practice organization;

- Allowing unauthorized individuals or notaries currently suspended from notarization to perform notarization, and certification at their organization;

- Allowing notaries to perform notarization and certification at their organization when the notarization practice organization's establishment permission is revoked.

Penalties for Violations of Notarization Practice Organizations Activities

Based on Article 16 of Decree 82/2020/ND-CP, regulations on violations of the operation of notarization practice organizations, include but are not limited to the following:

* A fine from 20,000,000 VND to 30,000,000 VND for any of the following actions:

- Failing to register operations as prescribed;

- Failing to register changes in the name of the notary office, the head’s name, the head office address, the list of partnership notaries, or the list of notaries working under contract policies of the notary office;

- Opening branches, representative offices, establishments, or other transaction locations outside the headquarters of the notarization practice organization or conducting production, business, service activities outside registered notarization activities or activities inconsistent with the registered content;

- Not agreeing with the testator on transferring the will to another notarization practice organization for safekeeping; not returning the will and safekeeping fee when there is no agreement or failure to reach an agreement with the testator before the organization ceases operations, transforms, transfers, or dissolves;

- Failing to register practice for their organization’s notary as prescribed;

- Advertising in mass media about the notary and their organization;

- Not posting the acceptance of notarizing documents on the division or inheritance acknowledgment before performing the notarization;

- Not notifying the erasure of practice registration for a notary who no longer works at their organization;

- Not storing notarization records;

- Losing a will accepted for safekeeping, except in cases of force majeure;

- Losing notarization records, except in cases of force majeure;

- Paying commissions or discounts to notarization requesters or brokers.

* A fine from 40,000,000 VND to 50,000,000 VND for any of the following actions:

- Not operating as a notarization practice organization but engaging in notarization activities in any form;

- Allowing unauthorized individuals or non-notaries to practice at their organization.

- Failing to record in the notarization book for a dossier that has been notarized.

The Notarization Law 2024 comes into effect on July 1, 2025.

Pham Thuy Duong

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