What are the penalties for lending/borrowing notary cards to/from others in Vietnam?

What are the penalties for lending/borrowing notary cards to/from others in Vietnam? (Source: internet)

1. Practice registration and notary card issuance procedures in Vietnam

According to Article 4 of Circular 01/2021/TT-BTP, stipulating the procedures for notarial practice registration and issuance of notary cards, as follows:

- A notarial practice organization shall submit, in person or by post, 01 set of application for notarial practice registration and issuance of notary cards to its notaries to the Department of Justice where its operation is registered. The application includes the following documents:

+ An application for notarial practice registration and issuance of notary cards (Form TP-CC-06);

+ The decision on appointment or re-appointment of notary (certified copy or photocopy enclosed with the original for comparison);

+ 01 portrait photo of the size of 2cm x 3cm of the notary seeking the notarial practice registration and the notary card (taken not more than 06 months before the date of application);

+ Documents proving that the notary is a member of the local Notary Association (if there is no notary association in the local area, the document proving that the notary is a member of the Vietnam Association of Notaries shall be submitted);

+ Documents proving the notary's place of residence in the province or centrally affiliated city where the notarial practice organization registers its operation;

+ The decision on revocation of lawyer practicing certificate, auction license, decision on dismissal of bailiff, documents proving termination of other regular jobs;

Documents proving that the Department of Justice has de-registered the practice at the previous notarial practice organization or the written commitment that the notary has not yet registered for notarial practice since the appointment or re-appointment as a notary.

Within 07 working days from the date of receipt of a complete and valid application, the Department of Justice shall issue a decision on notarial practice registration and a notary's card; in case of refusal, it must be notified in writing, clearly stating the reason.

Within 03 working days from the date of issuance of the decision, the Department of Justice shall send the decision to the person who is registered for practice and the notarial practice organization that has submitted the application for notarial practice registration.

At the same time post it on the notary management software of the Ministry of Justice and the website of the Department of Justice, details about the notary, including full name, number and date of issue of the notary card, name of the notarial practice organization where the notary is about to practice.

The notary card template shall be issued by the Ministry of Justice of Vietnam.

Notaries may only sign notarized documents after they have been registered with the Department of Justice to practice and issued with notary cards.

After being registered to practice and granted a notary's card, a notary may not work under a public employment contract or non-public employment contract at any enterprises, agencies, or organizations; not hold the title of leader of any socio-political organizations, socio-political-professional organizations or does any jobs that often require working during office hours.

2. Penalties for lending/borrowing notary cards to/from another person in Vietnam

According to Article 15 of Decree 82/2020/ND-CP, stipulating fine levels for individuals violating notarial practice activities as follows:

-A fine ranging from VND 10 million to VND 15 million shall be imposed for allowing other people to use notary cards to practice notarization.

- A fine ranging from VND 15 million to VND 25 million shall be imposed for using another person's notary card to practice notarization.

-Applying additional fines for violations is the suspension of the right to use notary cards from 06 months to 09 months, for violations at Point c, Clause 4, Article 15 of Decree No. 82/2020/ND-CP.

In addition, apply remedial measures as follows: requiring notarial practice organizations that store notarization dossiers to notify agencies, organizations, and individuals with rights and obligations related to violations.

Note: If an organization has similar violations, the fine level is double.

Thus, the act of lending/borrowing the notary card to/from others may result in a fine of up to 15 million VND and the suspension of the right to use the notary card for a period of 6 to 9 months.

Chi Nhan

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