The notary public is also authorized to authenticate copies from the originals, and authenticate signatures in documents, papers, etc. Notably, the transfer of the notary office and the conversion of the notary office into a notary public office are entirely new regulations in this amended Notary Law.
More Tasks for Notarization, More Choices for Citizens
Along with certifying the authenticity and legality of contracts and other civil transactions in writing, Clause 1, Article 2 of the Amended Notarization Law 2014 stipulates: "Notaries have the right to certify the accuracy, legality, and conformity with social ethics of translations of documents from Vietnamese into a foreign language or from a foreign language into Vietnamese that are required by law to be notarized or are voluntarily requested by individuals or organizations."
Accompanying this provision, Clause 1, Article 61 of the Amended Notarization Law clearly stipulates: "The translation of documents from Vietnamese into a foreign language or from a foreign language into Vietnamese for notarization must be done by a translator who is a collaborator of the notarization practice organization. The collaborator must be a graduate in foreign languages or in another field but be proficient in that foreign language. The collaborator must be responsible to the notarization practice organization for the accuracy and conformity of the content of the translation they produce."
This regulation aims to facilitate citizens who need notarized translations, avoiding situations where, upon discovering errors in the translation, citizens would not know whom to seek compensation from. Clearly stipulating that translation collaborators are responsible to the notarization practice organization for the accuracy and conformity of the content of their translations also ensures that translators are held accountable throughout this process.
Additionally, the Amended Notarization Law has expanded the scope of activities for notarization practice organizations and notaries, as Article 73 of the Law stipulates: "Notaries are authorized to authenticate copies from the original documents and authenticate signatures on papers and documents. The authentication of copies from original documents and signatures on papers and documents is carried out according to the provisions of law on certification."
This regulation aims to provide more convenience for citizens in choosing and accessing this type of public service, while district-level Justice Departments and commune-level People's Committees continue to carry out certification tasks as stipulated in Decree No. 79/2007/ND-CP as currently applicable.
Stricter Conditions for Being Exempted from Notarization Training
The Amended Notarization Law further defines the legal status of notaries as "public officers" of the State, appointed by the Minister of Justice to practice notarization and subject to both State management and the management of the notaries' social-professional organization.
Article 3 of the Amended Notarization Law clearly stipulates: "Notaries provide public services assigned by the State to ensure legal safety for parties involved in contracts and transactions; prevent disputes; contribute to protecting the legal rights and interests of individuals and organizations, as well as the socio-economic stability and development."
If, under the 2006 Notarization Law, judges, procurators, investigators, and lawyers who have practiced for three years or more could be exempted from notarization training, now this period is five years. Clause 1, Article 10 of the Amended Notarization Law stipulates those eligible for exemption from notarization training, including: Those who have served as judges, procurators, investigators for five years or more; lawyers who have practiced for five years or more; professors, associate professors specializing in law, doctors of law; those who have served as senior verifiers in the court sector, senior examiners in the procuracy sector; senior experts, senior researchers, and senior lecturers in the field of law.
In addition to extending the actual working period of those eligible for exemption from notarization training (from 3 years to 5 years), the Amended Notarization Law also adds a provision that those exempted from training must attend a three-month refresher course on notarization practice skills and ethical rules at a notarization training institution before being recommended for appointment as notaries.
Permission to Transfer Notary Offices
Notably, in this amendment, the Notarization Law stipulates: "In case it is unnecessary to maintain the notary office, the Department of Justice shall develop a plan to convert the notary office into a notary office and submit it to the provincial People's Committee for consideration and decision. The Government shall provide specific regulations on the conversion of notary offices into notary offices" (Clause 1, Article 21).
Regarding notary offices, the Amended Notarization Law stipulates "there must be at least two contributing notaries." This provision aims to maintain the operation of the office in cases where the chief notary is ill, has an accident, or has personal reasons that prevent them from practicing for a certain period.
Interestingly, Article 29 of the Amended Notarization Law stipulates that notary offices can be transferred to other notaries when: The notary receiving the transfer has practiced notarization for at least two years for those expected to take over the position of chief notary; commits to practicing at the transferred notary office; commits to inheriting the rights and obligations of the transferred notary office.
However, the law also stipulates that notaries who have transferred offices are not permitted to participate in the establishment of a new notary office within five years from the date of transfer. The provincial People's Committee shall consider and decide on the transfer of notary offices. The Government shall provide specific regulations on the procedures for transferring notary offices.
In addition to these provisions, the Amended Notarization Law also supplements many regulations on the principles of notarization practice, the legal status of notarized documents, prohibited acts, standards for notaries, notary practice internship, reappointment of notaries, rights and obligations of notaries, etc.
The Amended Notarization Law (effective January 1, 2015) is believed to address institutional limitations and inadequacies, create a legal basis for a new stage of development in notarization activities in line with international practices, enhance the quality and sustainability of notarization activities, and gradually develop the Vietnamese notary profession.
Source: congchunghaisam.danang.vn