Notaries are required to join the Notary Association

Were such information that the notary is required to participate in the notary association?

Clause 3 Article 23 of Decree No. 29/2015/ND-CP mentioned herein:

"Article 23.- Notary associations

...

3. Members of a notary association are notaries practicing in the province. Notaries must join the notary association before applying for practice at places where the notary association is established.

Rights and obligations of members of notary associations are specified in the Charter of National socio-professional organization of notaries."

Thus, the notary must join the notary association.

Rights and obligations of notaries prescribed in Article 17 of the Law on Notarization 2014:

"Article 17. Rights and obligations of notaries

1. Notaries have the following rights:

a/ To have his/her right to notarial practice protected by law;

(b) To participate in establishing a private notary office or to work as a contracting party for a notary practising organization;

c/ To notarize contracts, transactions and translations in accordance with this Law;

d/ To request concerned individuals, agencies and organizations to provide information and documents for notarization;

e/ To refuse to notarize contracts, transactions or translations which violate law or are contrary to social ethics;

e/ Other rights as prescribed in this Law and other relevant legal documents.

2. Notaries have the following obligations:

(a) To comply with the principles of notary practice;

(b) To practise at one notary practising organization;

c/ To respect and protect the lawful rights and interests of notarization requesters;

d/ To explain to notarization requesters their lawful rights, obligations and interests, the legal significance and consequences of notarization; if refusing notarization requests, to clearly state the reasons to notarization requesters;

dd/ To keep confidential notarization contents, unless otherwise agreed in writing by notarization requesters or provided by law;

e/ To attend notary re-training courses every year;

g/ To take responsibility before law and notarization requesters for their notarization documents; to take responsibility before law for the operation of notary offices of which they are partners;

h/ To join socio-professional organizations of notaries;

i/ To be managed by competent state agencies, notarial practice organizations where they work and the notaries' socio-professional organization of which they are members;

k/ Other obligations as prescribed in this Law and other relevant legal documents."

Tan Loc

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