Vietnam: What is the penalty when the notary fee is higher than the agreed one?

Specifically, according to Clause 18 Article 1 of Decree No. 67/2015/ND-CP of Vietnam’s Government supplementing Points d, dd, e, g Clause 2 Article 15 of Decree No. 110/2013/ND-CP, a fine of between VND 3,000,000 and VND 7,000,000 shall be imposed for one of the acts as follows:

- Collecting notary remunerations higher than the notary remuneration ceiling issued by the Provincial People's Committee and the posted remuneration levels; collecting fees higher than the agreed fees level;

- Failure to fully implement the working day and hour regime of state administrative agencies;

- Posting the notarized acceptance of inheritance division agreement documents and inheritance declaration documents but not on time, location, and content as prescribed;

- Failure to provide information about the origin of assets, transaction status of assets and other information about preventive measures applied to assets related to contracts and transactions that are notarized by the notary of his/her organization to be included in the notary database according to the provisions of the Law on Notary of Vietnam.

Besides, Decree No. 67/2015/ND-CP supplements that a fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the acts of Vietnam Notary Association's failure to report to the Ministry of Justice on the plan for organizing the term congress, personnel plan, and results of the congress; failure to carry out periodic reporting or other reporting as required by the Ministry of Justice.

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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