Acts of violation and penalties in notarization activities in Vietnam

No.

Violation Type

Violation Act

Fine 

1

Violation of regulations regarding the dossier and procedures for requesting appointment, re-appointment of notaries, issuance of notary cards; dossier for establishment request, registration of activities, modification request of operational content, registration for practicing notaries of notary offices

Altering, erasing, falsifying the content of documents issued by competent authorities in the dossiers requesting appointment, re-appointment of notaries, issuance of notary cards

Warning or a fine of VND 500,000 to VND 1,000,000

Altering, erasing, falsifying the content of documents, materials issued by competent authorities in the dossiers requesting establishment, operational registration, modification of operational content, registration for practicing notaries of notary offices

Using fake documents in the dossier requesting appointment, re-appointment of notaries

A fine of VND 3,000,000 to VND 7,000,000

Using fake documents in the dossier requesting establishment, operational registration, modification of operational content, registration for practicing notaries of notary offices

Incorrectly certifying the working time of legal work, apprenticeship time, and results to request the appointment of notaries

Counterfeiting documents in the dossier requesting appointment, re-appointment of notaries

A fine of VND 7,000,000 to VND 10,000,000

Counterfeiting documents in the dossier requesting establishment, operational registration, modification of operational content, registration for practicing notaries of notary offices

2

Violation of regulations on notarization of contracts, transactions, translations

Fraudulence, dishonesty while witnessing, translating

A fine of VND 100,000 to VND 3,000,000

Illegally altering, erasing documents, texts, or using altered, erased documents to notarize contracts, transactions, translations

Providing false information, documents; using counterfeit documents or texts to notarize contracts, transactions, translations    

A fine of VND 3,000,000 to VND 7,000,000

Counterfeiting documents, texts, or impersonating or hiring others to impersonate the one requesting notarization to notarize contracts, transactions; counterfeiting documents, texts to notarize translations    

A fine of VND 7,000,000 to VND 10,000,000

3

Violation of notary regulations regarding will custody; notarization of mortgage contracts, wills, agreement documents on the division of inheritance, declaration of inheritance documents, documents declining inheritance, translations    

Not sealing the will in the presence of the testator, not recording receipt of custody, not handing over the receipt to the testator when receiving the will for custody    

A fine of VND 100,000 to VND 3,000,000

Notarizing property mortgage contracts in a manner non-compliant with Clause 2 Article 54 of the Law on Notarization    

A fine of VND 7,000,000 to VND 10,000,000

Notarizing wills when the testator does not personally request notarization; when at the time of notarization, the testator is mentally ill or suffers from other diseases without cognitive and behavioral control, or it is believed that the will-making is fraudulent, coerced or threatened

Notarizing wills without clearly stating in the notarized text the reasons why the testator does not present all required documents as regulated in life-threatening situations

Notarizing inheritance declaration documents when there is no agreement among the co-inheritors regarding the undivided inheritance as per the law

Notarizing agreement documents on the division of inheritance, inheritance declaration documents in cases of inheritance under the law where the requester does not have documents proving the relationship between the deceased and the inheritor; or in testamentary inheritance cases where the requester does not have the will

Notarizing agreement documents on the division of inheritance, inheritance declaration documents when the inheritance is land use rights or assets that must be registered under the law, but the requester does not have documents proving the land use rights, property ownership of the deceased

Notarizing agreement documents on the division of inheritance, inheritance declaration documents without correctly identifying the deceased as the rightful owner of the land, property, and the requesters as rightful inheritors or there are grounds to believe the inheritance is unlawful

Notarizing documents declining inheritance when aware that the heir is renouncing inheritance to avoid fulfilling asset obligations to others; notarizing the renouncement of inheritance after six months from the date of inheritance opening

Notarizing translations when the requested documents have been altered, erased, added, deducted, or are damaged and cannot be accurately identified

4

Acts of violation of Notaries 

Notarizing documents outside the office of the notary public organization, contrary to the provisions of Article 44 of the Law on Notarization

A fine of VND 100,000 to VND 3,000,000

Notarizing documents beyond the prescribed deadline

Incorrectly correcting technical errors in notarized documents

Creating confusion and difficulties for the requester of notarization

Refusing a notarization request without valid reason

Not wearing the Notary Public Identification Card when assisting the requester or authenticating documents

Disclosing information regarding the content of the notarization without obtaining written consent from the requester, except when otherwise provided by law

A fine of VND 3,000,000 to VND 7,000,000

Notarizing contracts or transactions without the signature of the notary public, the signature or seal of the requester on each page of the contract or transaction; notarizing translations without the signature of the notary public, the signature or seal of the translator on each page of the translation

Accepting or demanding any money, material benefits from the requester of notarization beyond the prescribed notary fees, determined notary remuneration, and other agreed upon costs

Not witnessing the signatures or marks of the requester, witness, or interpreter on the contract or transaction, except as otherwise provided by law

The notary public's statement in the notarized document does not contain the required content as stipulated in Articles 46 and 61 of the Law on Notarization

Failure to explain to the requester the rights, obligations, and legitimate interests, as well as the legal significance and consequences of notarization

Simultaneously practicing at two or more notary public organizations or having regular concurrent jobs

Engaging in business management outside the notary public organization; conducting brokerage, agency activities; participating in profit sharing in contracts, transactions that they notarize

Notarizing contracts or transactions involving real estate outside the province, centrally-governed city where the notary public organization is located, unless it involves notarizing wills, documents refusing inheritance regarding real estate, and related authorization documents regarding the exercise of rights over real estate

A fine of VND 7,000,000 to VND 10,000,000

Notarizing contracts, transactions, translations related to their own assets or the assets of their spouse, parents (biological or adoptive), spouse's parents (biological or adoptive), children (biological or adoptive), children-in-law, parents-in-law, siblings, siblings of their spouse, grandchildren (children of their children)

Allowing others to use their notary public identification card to practice notarization

Amending, supplementing, canceling notarized contracts or transactions without the written agreement, commitment of all parties involved in the contract, transaction; not performing at the notary public organization that notarized the contract, transaction, unless otherwise provided by law

Notarizing contracts or transactions when there is no determined right to use, own property involved in the transaction

Notarizing contracts in cases where the purpose and content of the contract, transaction, translation violate the law, contrary to social ethics; instigating, facilitating the involved parties to engage in fraudulent transactions or other deceitful acts

Altering, erasing, distorting the content of the notary public identification card

Receiving or demanding money or other benefits from a third party to perform or not perform notarization, causing damage to the requester of notarization and related individuals, organizations

Forcing others to use their services; colluding, conspiring with the requester of notarization and related individuals to distort the content of notarized documents, notary files

Exerting pressure, threatening, or engaging in acts that violate the law, contrary to social ethics to gain advantages for themselves or their organization in the practice of notarization

Using information about the content of notarization to infringe on the legitimate rights and interests of individuals, organizations

Using a fake notary public identification card

A fine of VND 10,000,000 to VND 20,000,000

Using someone else's notary public identification card to practice notarization

Counterfeiting a notary public identification card

A fine of VND 20,000,000 to VND 30,000,000

Individuals who do not meet the qualifications for practicing notarization in any form

Notarizing a contract or transaction before fully identifying all parties involved in the contract, transaction

Depriving the right to use notary public card for 12 months

5

Acts of violating regulations on operations of notary practice organizations

Not posting the working schedule, notary procedures, rules for receiving and notarizing requests, notary fees, notary remuneration, and principles for calculating other costs at the office of the notary public organization

Warning or a fine of VND 100,000 to VND 2,000,000

Not publishing or publishing inaccurate or incomplete information, deadlines, number of times as required by the regulations on the content of activity registration

Not establishing, managing, using the types of books, forms as required by the Law on Notarization

Not properly storing or storing notarized documents as prescribed

A fine of VND 3,000,000 to VND 7,000,000

Not having a signboard or using a signboard that does not comply with the prescribed model

Operating outside the registered scope of activity

Charging notary remuneration higher than the prescribed notary remuneration ceiling issued by the provincial people's committee and the published remuneration; charging costs higher than the agreed-upon costs

Not following the working hours according to the working hours of state administrative agencies

Posting the notarization of agreements on the division of inheritance, acknowledgement of inheritance but not within the prescribed time, location, and content

Not providing information on the origin of assets, transaction status of assets, and other information on measures to prevent applied to assets related to contracts, transactions notarized by notaries of their organization to be included in the notary database as prescribed by the Law on Notarization

Amending, erasing, distorting the decision to establish a notary office, the registration certificate of the notary office

A fine of VND 7,000,000 to VND 10,000,000

Not purchasing professional liability insurance for notaries of their organization

Not registering or registering beyond the deadline with the competent state agency

A fine of VND 10,000,000 to VND 20,000,000

Opening branches, representative offices, facilities, or transaction locations outside the office of the notary public organization; conducting production, business, and service activities outside the registered scope of activity

Not agreeing to transfer the custody of a will to another notary public organization before terminating operations, conversion, transfer, or dissolution; not returning the will and the fee for keeping the will in cases where there is no agreement or no agreement can be reached with the testator

Using fake decision to establish a notary office, fake registration certificate of the notary office

Not registering the profession for notaries of their organization

Advertising notaries and their organization on public media

Not posting the notarization of agreements on the division of inheritance, acknowledgement of inheritance before notarization

Not registering changes in the name of the notary office, the name of the head of the notary office, the address of the office, the list of notaries in partnership, the list of notaries working under contract at the notary office

Faking the decision to establish a notary office, the registration certificate of the notary office

A fine of VND 20,000,000 to VND 30,000,000

The organization does not meet the qualifications for practicing notarization in any form

A fine of VND 40,000,000 to VND 60,000,000