Vietnam: What are the notarial records?

Vietnam: What are the notarial records? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the notarial records?

According to Article 63 of the Law on Notarization 2014, notarial records include notarization requests, originals of notarized documents, copies of papers submitted by notarization requesters, verification and assessment papers and other relevant papers.

Notarial records shall be numbered chronologically in conformity with the recording in the notarial register.

2. Regime of preservation of notarial records in Vietnam

Regime of preservation of notarial records according to Article 64 of the Law on Notarization 2014 is as follows:

- Notarial practice organizations shall strictly preserve and take security measures for notarial records.

- The originals of notarized documents and other papers in notarial records shall be preserved for at least 20 years at head offices of notarial practice organizations; the preservation of such documents and papers outside head offices of these organizations shall be approved in writing by provincial-level Justice Departments.

- When a competent state agency requests in writing the supply of notarial records for supervision, examination, inspection, investigation, prosecution, trial or judgment enforcement related to notarized affairs, the concerned notarial practice organization shall supply copies of notarized documents and other relevant papers.

The comparison of copies of notarized documents with their originals may only be conducted at the notarial practice organization that keeps notarial records.

- The distraint of assets and search of head offices of notarial practice organizations must be conducted in accordance with law and to the witness of representatives of provincial-level Justice Departments or representatives of local socio-professional organizations.

- In case a notary bureau is transformed into a notary office, notarial records shall be managed by the notary office.

When a notary bureau is dissolved, notarial records shall be transferred to another notary bureau or a notary office designated by the provincial-level Justice Department.

When a notary office terminates its operation, it shall reach agreement with another notary office on the receipt of notarial records; if such agreement cannot be reached or the notary office terminates its operation because all notaries being its partners die or are declared by a court to be dead, the provincial-level Justice Department shall designate a notary bureau or another notary office to receive notarial records.

3. Regulations on issuance of copies of notarized documents in Vietnam

Regulations on issuance of copies of notarized documents under Article 65 of the Law on Notarization 2014 are as follows:

- Copies of notarized documents shall be issued in the following cases:

+ At the request of competent agencies in the cases specified in Clause 3, Article 64 of this Law;

+ At the request of parties to contracts or transactions and persons with rights and obligations related to the notarized contracts or transactions.

- Copies of notarized documents shall be issued by a notarial practice organization that keeps the originals of those documents.

4. Notarial databases in Vietnam

Notarial databases according to Article 62 of the Law on Notarization 2014 is as follows:

- A notarial database includes information on the origin of assets and transaction status of assets and information on preventive measures applied to assets related to notarized contracts or transactions.

- Provincial-level People’s Committees shall develop their local notarial databases and promulgate regulations on exploitation and use of notarial databases.

- The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Construction and related ministries and sectors in, directing and guiding the development, management and exploitation of local notarial databases.

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