13:03, 10/07/2024
Decree 82/2020/ND-CP stipulates administrative penalties in the fields of judicial support; judicial administration; marriage and family; civil judgment enforcement; bankruptcy of enterprises and cooperatives in Vietnam, replacing Decree 110/2013/ND-CP and Decree 67/2015/ND-CP, will take effect from September 1, 2020.
Article table of contents
This Decree revises and supplements the fines for various violations in notarial activities compared to current regulations in Decree 110/2013/ND-CP and Decree 67/2015/ND-CP in Vietnam. To be specific:
| No | Violation | Regulations in Decree 82/2020/ND-CP | Regulations in Decree 110/2013/ND-CP and Decree 67/2015/ND-CP |
| 1 | Not numbering each page of a notarized document having 02 or more pages; | Fine from 1,000,000 to 3,000,000 VND | No regulation |
| 2 | Notarizing contracts or transactions when the notarization request form is not fully compliant with regulations; | ||
| 3 | Not fully participating in annual notarial professional training as required by regulations. | ||
| 4 | Not carrying the notary card while practicing; | Fine from 1,000,000 to 3,000,000 VND | Currently, a fine from 1,000,000 to 3,000,000 VND for not wearing a notary card when receiving a notarial request or certification |
| 5 | Notarizing outside the office of the notarial practice organization without justifiable reasons; | Fine from 3,000,000 to 7,000,000 VND | Fine from 1,000,000 to 3,000,000 VND |
| 6 | Notarizing beyond the prescribed time limit; | ||
| 7 | Incorrectly amending technical errors in notarized documents; | ||
| 8 | Harassing or causing difficulties for people requesting notarization; | ||
| 9 | Refusing a notarization request without justifiable reasons; | ||
| 10 | Not using Vietnamese language in speech or writing; | Fine from 3,000,000 to 7,000,000 VND | No regulation |
| 11 | Not participating in the professional-occupational organization of notaries; | Fine from 3,000,000 to 7,000,000 VND | No regulation |
| 12 | Supervising more than two interns at the same time; | ||
| 13 | Supervising interns without meeting the conditions as prescribed; | ||
| 14 | Failing to fulfill obligations of an internship supervisor as prescribed; | ||
| 15 | Notarizing contracts or transactions without a notarization request form; | ||
| 16 | Notarizing contracts or transactions when the dossier contains documents altered by erasure or correction leading to content distortion; | ||
| 17 | Refusing to guide notarial internship without justifiable reasons. | ||
| 18 | Disclosing notarization content without written consent from the requester, except as otherwise provided by law; | Fine from 7,000,000 to 10,000,000 VND | Fine from 3,000,000 to 7,000,000 VND |
| 19 | Notarizing when there is a lack of signatures from notaries, the requester, or fingerprint marks on each page of the contract or transaction; | ||
| 20 | Receiving or asking for money or other benefits from the requester beyond the notarial fees prescribed, the determined remuneration, and other agreed costs; | ||
| 21 | Failing to witness the requester, witnesses, or interpreters sign or fingerprint the contract or transaction, except as provided by law; | ||
| 22 | Incomplete certification statements in notarized documents as prescribed; | ||
| 23 | Failing to explain to the requester clearly their rights, obligations, legitimate interests, legal significance, and consequences of notarization; | ||
| 24 | Participating in managing businesses outside of the notarial practice organization; engaging in brokerage or agency activities; sharing profits from notarized contracts or transactions; | ||
| 25 | Notarizing without verifying original documents in the dossier before signing, affixing notary's signature on each page of the contract or transaction; | Fine from 7,000,000 to 10,000,000 VND | No regulation |
| 26 | Inaccurately certifying contract titles, transaction titles, contract or transaction subjects, time, or place of notarization; | ||
| 27 | Failing to participate in annual notarial professional training, except as otherwise provided by law; | ||
| 28 | Correcting technical errors in notarized documents that are not categorized as correction of technical errors as prescribed; | ||
| 29 | Notarizing contracts or transactions when signatories do not have or exceed representative authority; | ||
| 30 | Notarizing when aware that the witness does not meet the prescribed conditions; | ||
| 31 | Not verifying or requesting an expert examination when requested by the notary requester; | ||
| 32 | Not comparing signatures of authorized contract signatories from financial institutions or other businesses with registered sample signatures at notarial practice organizations before notarizing; notarizing when authorized signatories of financial institutions or other businesses have not registered sample signatures at notarial practice organizations and have signed contracts in advance | ||
| 33 | Notarizing contracts or transactions without bases to determine separate usage rights, separate ownership rights of assets participating in the contract or transaction | ||
| 34 | Notarizing real estate contracts or transactions beyond the province, centrally-run city where the notarial practice organization is headquartered, except for notarizing wills, documents of estate refusal and power-of-attorney related to real estate rights; | Fine from 10,000,000 to 15,000,000 VND | Fine from 7,000,000 to 10,000,000 VND |
| 35 | Notarizing contracts or transactions related to assets, interests of themselves, their spouses, biological parents, adoptive parents, biological children,... | ||
| 36 | Allowing others to use the notary card to practice notarization; | ||
| 37 | Notarizing amendments, supplements, cancellations of notarized contracts or transactions without written agreements of all contract or transaction participants; | ||
| 38 | Notarizing contracts or transactions with purposes or content violating the law, contrary to social ethics; inducing or facilitating participants to perform fake transactions or other fraudulent acts; | ||
| 39 | Coercing others to use their services; colluding or conspiring with the requester and related parties to distort notarized documents or dossiers; | ||
| 40 | Applying pressure, threatening, or conducting unlawful acts contrary to social ethics to gain advantages for themselves or their organization in notarial practice; | ||
| 41 | Using information from notarized documents to infringe upon the legitimate rights and interests of individuals or organizations; | ||
| 42 | Receiving or demanding money or other benefits from third parties to execute or not execute notarization causing damage to the requester and related individuals or organizations; | ||
| 43 | Practicing simultaneously at two or more notarial practice organizations or concurrently doing other regular jobs, except as prescribed at point i of Clause 3, Article 15 of Decree 82; | Fine from 10,000,000 to 15,000,000 VND | Fine from 3,000,000 to 7,000,000 VND |
| 44 | Notarizing amendments, supplements, cancellations of notarized contracts or transactions not performed at the notarial practice organization where the contract or transaction was notarized or where the notarial dossier is being stored; | Fine from 10,000,000 to 15,000,000 VND | No regulation |
| 45 | Notarizing contracts or transactions without bases to determine rights to use, ownership rights of assets when participating in the contract or transaction | ||
| 46 | Erasing or altering content in the appointment decision, reappointment or notary card; | ||
| 47 | Notarizing without a witness when the requester cannot read, hear or sign, fingerprint, or in other cases as prescribed by law; | ||
| 48 | Paying commissions or discounts to the requester or intermediary; | ||
| 49 | Notarizing contracts or transactions without the original documents in the dossier as required by law; | ||
| 50 | Notarizing property when the property has been temporarily forbidden by competent authorities; | ||
| 51 | Advertising on mass media about notaries and their organizations. | ||
| 52 | Using another's notary card to practice notarization; | Fine from 15,000,000 to 25,000,000 VND | Fine from 10,000,000 to 20,000,000 VND |
| 53 | Practicing during the suspension period or in the time of being deprived of the notary card. | Fine from 15,000,000 to 25,000,000 VND | No regulation |
| 54 | Practicing notarial activities without meeting conditions as prescribed by law, except as prescribed at point b of Clause 5, Article 15 of Decree 82; | Fine from 25,000,000 to 35,000,000 VND | Fine from 20,000,000 to 30,000,000 VND |
| 55 | Forging the notary's signature; | Fine from 25,000,000 to 35,000,000 VND | No regulation |
| 56 | Notarizing contracts or transactions without signatures from all subjects of the contract or transaction; | ||
| 57 | Contributing capital, receiving capital contributions for the establishment, maintenance, organization, and operation of a notarial office without compliance. |
Thus, starting from September 1, 2020, there will be many changes in fines for violations of regulations in notarial activities in Vietnam.
Detailed information can be found at Decree 82/2020/ND-CP, effective from September 1, 2020, replacing Decree 110/2013/ND-CP and Decree 67/2015/ND-CP.
Ty Na
- Key word:
- Notarial Activities
- Vietnam
- Violation
