On June 20, 2014, the National Assembly promulgated the Notarization Law No. 53/2014/QH13 (2014 Notarization Law), consisting of 10 chapters and 81 articles, stipulating provisions on notaries, notary practice organizations, notary practice, notarization procedures, and state management of notarization.
Article table of contents
2014 Notarization Law took effect from January 1, 2015, with several new basic points as follows:
First, on the scope of notarization. In addition to the task of certifying the authenticity and legality of contracts and transactions, the 2014 Notarization Law assigns notaries the power to notarize the translation of documents from Vietnamese to foreign languages and vice versa (Clause 1, Article 2). Besides, notaries are also assigned the task of certifying copies from originals and certifying signatures on documents; the certification of copies from originals and signature certification on documents is carried out in accordance with the law on certification (Article 78).
Second, on the duration of notary training: The 2014 Notarization Law increases the notary training duration from 6 months to 12 months.
Third, on the standards of notaries: The 2014 Notarization Law sets stricter standards for notaries, stipulating that the duration of notary vocational training is twelve months; it also requires individuals exempt from notary vocational training to participate in a refresher course before applying for appointment, reduces the apprenticeship period by half, and mandates participation in an apprenticeship result examination; adds provisions on re-appointment and additional rights and obligations for notaries.
Regarding notary practice organizations, the law encourages the development of Notary Offices towards private investment, stipulates the conversion of Notary Departments into Notary Offices, and if conversion is not possible, the Notary Department will be dissolved. A Notary Office must be established by at least two notaries, organized, and operated in accordance with this law and related legal regulations on partnership companies. The name of the Notary Office is to be set according to the surname and name of the notary.
Fourth, on the individuals exempt from notary vocational training: alongside extending the actual working time for judges, procurators, investigators, and lawyers from 3 years to 5 years, the 2014 Notarization Law also adds a requirement for these exempt individuals to participate in a 3-month training course on notary practice skills and notary ethics rules at a notary vocational training institution before applying for appointment as a notary.
Fifth, on the transfer of Notary Offices: Notary Offices that have been operating for 2 years or more, if needed, can be transferred to other notaries if that notary has been practicing for 2 years or more, commits to practicing at the transferred office, and commits to inheriting the rights and obligations of that office. Notably, the notary who has transferred a notary office is not allowed to participate in establishing a new notary office within 5 years from the date of transfer.
Sixth, on prohibited acts for notaries and notary practice organizations: notably, notaries and notary practice organizations are not allowed to open branches, representative offices, establishments, or transaction locations other than the headquarters of the notary practice organization; perform activities outside the registered scope of business; coerce others into using their services or advertise on mass media about notaries and their organization; notaries are also not allowed to manage businesses outside their notary practice organization; engage in brokerage or agency activities; share profits in the contracts or transactions they notarize, or concurrently practice at more than two notary practice organizations or hold other regular jobs.
Seventh, on prohibited acts for notaries and notary practice organizations: notably, notaries and notary practice organizations are not allowed to open branches, representative offices, establishments, or transaction locations other than the headquarters of the notary practice organization.
The head of the Notary Office or a partner notary. A Notary Office has the right to hire notaries to work under contract, can be transferred, merged, consolidated, etc. Notary practice organizations have the right to provide notarization services outside the working days and hours of state administrative agencies and have the right to sign contracts with notaries. Professional liability insurance for notaries is a mandatory type of insurance.
Source: tuvan.doisongphapluat.com
