Vietnam: Supplementing fine for not explaining rights to notarization requesters

This is a new content of Decree No. 67/2015/ND-CP amending and supplementing a number of articles of Decree No. 110/2013/ND-CP dated September 24, 2013 of Vietnam’s Government on sanction of administrative violation in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, enterprise and cooperative bankruptcy.

phat hanh vi khong giai thich quyen cho nguoi yeu cau cong chung, Nghi dinh 67/2015/NĐ-CP

Decree No. 67/2015/ND-CP of Vietnam’s Government supplements fines for the violations specified in Article 14 of Decree No. 110/2013/ND-CP, specifically as follows:

A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:

e) Failure to explain to the notarization requester their legal rights, obligations and interests, the meaning and legal consequences of the notarization;

g) Simultaneously practice at two or more notary organizations or concurrently hold other regular jobs;

h) Participate in business management outside of notary practice organizations; carry out brokerage and agent activities; participate in profit sharing in contracts and transactions that he/she notarizes.

Besides, Decree No. 67/2015/ND-CP also amends Points a, b, d, dd Clause 2 Article 14 of Decree No. 110/2013/ND-CP. Specifically, a fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the acts as follows:

- Disclosing the notarized contents without the consent in writing of the notarization requester unless otherwise provided by law;

- Notarizing contract or transaction without signature of notarization requester and signature or fingerprint of the person requesting notarization on each page of the contract or transaction; notarizing translation without signature of notarization requester and signature or fingerprint of the translator on each page of the translation.

- Failing to witness the notarization requester, the witness, or the translator to sign or fingerprint the contract or transaction, except in cases prescribed by law;

- The notary’s testimony in the notarized document has missing contents as prescribed in Articles 46 and 61 of the Law on Notary of Vietnam.

View relevant provisions at Decree No. 67/2015/ND-CP of Vietnam’s Government, effective from October 01, 2015.

Thu Ba

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