Nghị định 104/2025/NĐ-CP hướng dẫn Luật Công chứng

DECREE

ELABORATING CERTAIN ARTICLES AND providing measures for enforcement of the Law on Notarization

Pursuant to the Law on Government Organization dated February 18, 2025;

Pursuant to the Law on Notarization dated November 26, 2024;

At the request of the Minister of Justice;

The Government hereby promulgates the Decree elaborating certain articles and providing measures for enforcement of the Law on Notarization.

Chapter I

GENERAL PROVISIONS

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1. This Decree elaborates on clause 3 Article 22, Article 30, Article 31, Article 34, clause 3 Article 39, Article 41, clause 4 Article 59, Article 63, Article 64, clause 3 Article 65, Article 66 and Article 68 of the Law on Notarization.

2. This Decree provides measures for implementation and provides guidance on implementation of Article 8, Clause 5 of Article 11, Clause 2 of Article 13, Clause 4 of Article 15, Clause 3 of Article 16, Clause 4 of Article 17, Clause 3 of Article 19, Point b of Clause 2 and Clause 6 of Article 20, Clause 1 and Clause 5 of Article 23, Clause 3 and Clause 4 of Article 24, Clause 4 of Article 25, Clause 4 of Article 26, Clause 3 of Article 29, Point d of Clause 2 of Article 46, Clause 1 of Article 50, Clause 3 of Article 51, Clause 4 of Article 52, Clause 3 of Article 61, and Clause 2 of Article 62 of the Law on Notarization.

Article 2. Regulated entities

This Decree applies to notaries, consuls or diplomats assigned to conduct notarization (hereinafter referred to as “diplomats”), notarial practice organizations, diplomatic missions and consulates of the Socialist Republic of Vietnam abroad (hereinafter referred to as “diplomatic missions”), social-professional organizations of notaries, notarial requesters, notarization-related state management agencies, and related individuals, agencies, and organizations.

Chapter II

NOTARY TRAINING INSTITUTIONS; APPLICATIONS, PROCEDURES FOR APPOINTMENT, RE-APPOINTMENT, TERMINATION OF NOTARIES

Article 3. Notary training institutions

A notary training institution as prescribed in Article 11 of the Law on Notarization is a unit providing notary training courses under the Ministry of Justice.

Article 4. Applications and procedures for appointment as notaries

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a) A written request for appointment as a notary made using the form prescribed by the Minister of Justice;

b) Documents proving that the duration of legal work is in accordance with the regulations made by the Minister of Justice; in cases where the applicant falls under the provisions specified in Clause 5 and Clause 6 of Article 14 of the Law on Notarization, there must be documents proving that he/she has been terminated, has had his/her practice certificate revoked, or no longer belongs to these cases;

c) A medical certificate issued by a licensed medical facility within 6 months prior to the date of application submission.

The documents specified in point b and point c of this clause are originals or certified true copies or electronic copies.

2. Any individual who fully meets the standards and conditions specified in Article 13 of the Law on Notarization shall prepare an application as stipulated in clause 1 of this Article, and submit it in person or via postal service or online by electronic means to the Department of Justice of the administrative division where the notarial apprenticeship is completed.

3. Within 10 working days from the date of receiving a complete and valid application, the Department of Justice shall consider submitting a written request for the appointment of a notary to the Minister of Justice, enclosed with the application for appointment as a notary of the individual who meets the standards and conditions for appointment as a notary; in case of refusal, a written notification specifying the reasons must be provided.

In cases where the information in the application is incomplete, inconsistent, or requires verification, the Department of Justice shall request the applicant to provide clarification, supplement information, or the Department of Justice shall carry out the verification of the information. The period specified in this clause shall begin from the day on which the Department of Justice receives the results of clarification, supplementation or verification of information.

4. Within 10 working days from the date of receiving the written request from the Department of Justice enclosed with the valid application, the Minister of Justice shall consider deciding the appointment of a notary; in case of refusal, a written notification specifying the reasons must be provided to the Department of Justice and the applicant.

In cases where the information in the application is incomplete, inconsistent, or requires verification, the Ministry of Justice shall request the Department of Justice to supplement information, provide clarification, or the Ministry of Justice shall cooperate with relevant agencies and organizations in carrying out the verification of the information. The period specified in this clause shall begin from the day on which the Ministry of Justice receives the results of supplementation, clarification or verification of information.

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1. A decision to temporarily suspend notary practice or a decision to terminate the temporary suspension of notary practice, as stipulated in clauses 1 and 3 of Article 15 of the Law on Notarization, must be sent by the Department of Justice to the notary, the notarial practice organization, the Notary Association, and the People's Committee of the province or central-affiliated city (hereinafter referred to as “the provincial People's Committee”) where the notary practices on the day the decision is issued, and updated in the notarization management software of the Ministry of Justice.

2. Within 5 working days from the issuance of the decision specified in clause 1 of this Article, the Department of Justice shall publish the decision on its website or web portal (hereinafter referred to as “the web portal of the Department of Justice); the minimum publication period shall be 15 days.

3. The notarial practice organization or socio-professional organization of a notary, upon receiving a decision from a competent authority or verified information regarding the criminal prosecution of the notary or the application of administrative measures to the notary, is required to report in writing to the Department of Justice within 03 working days from the receipt of the decision or the information.

Article 6. Applications and procedures for termination of notaries

1. An application for termination of a notary shall include a written request for termination of a notary made using the form stipulated by the Ministry of Justice.

2. The notary falling under the case specified in clause 1 Article 16 of the Law on Notarization shall prepare an application according to the provisions of clause 1 of this Article and submit it in person or via postal services or online by electronic means to the Department of Justice of the administrative division where the notary is practicing notarization or where the notary last practiced before requesting for termination; in cases where the notary has been appointed but has not yet practiced notarization, they shall submit their application to the Department of Justice that has requested the appointment of the notary.

Within 05 working days from the receipt of a complete and valid application, the Department of Justice prepare and submit a written request for termination of the notary which specify the practicing history of the notary and the proposal of the Department of Justice enclosed with the application to the Minster of Justice; in case of refusal, a written notification specifying the reasons must be provided.

3. Within 05 working days from the date when there is a basis for believing that the notary is subject to termination as stipulated in Clause 2 of Article 16 of the Law on Notarization, the Department of Justice shall submit a written request to the Minister of Justice for the termination of the notary enclosed with relevant documents serving as the basis for the request for termination.

4. Within 10 working days from the receipt of the complete and valid application as stipulated in Clause 2 or Clause 3 of this Article, the Minister of Justice shall consider deciding the termination of the notary; in the case of a refusal, a written notification stating the reason must be provided.

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5. The Minister of Justice shall personally consider deciding the termination of a notary if the notary is subject to termination as prescribed in Clause 2 Article 16 of the Law on Notarization but the Department of Justice does not request the termination.

6. The notarial practice organization must promptly send a written report to the Department of Justice where the organization is registered for consideration and handling as per regulations if it discovers that a notary under its management is subject to termination or automatic termination.

The Department of Justice shall regularly monitor, inspect and review the notary contingent in their area to promptly detect notaries who are subject to termination as stipulated in Clause 2, Article 16 of the Law on Notarization; regularly compile and update the list of automatically terminated notaries in the notarization management software of the Ministry of Justice, and simultaneously publish this list on the web portal of the Department of Justice.

7. The notary is not permitted to sign notarized documents from the effective date of the decision to terminate the notary.

Article 7. Applications and procedures for re-appointment as notaries

1. An application for re-appointment as a notary shall include the following documents:

a) A written request for re-appointment as a notary made using the form prescribed by the Minister of Justice;

b) Documentary evidence of the eligibility for reappointment as prescribed in clauses 1 and 2 of Article 17 of the Law on Notarization.

The documents specified in point b of this clause are originals or certified true copies or electronic copies.

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3. Procedures for reappointment as a notary shall comply with the provisions of clause 3 and clause 4 Article 4 of this Decree.

Chapter III

NOTARIAL PRACTICE ORGANIZATIONS

Section 1. Notary bureaus

Article 8. Eligibility requirements for headquarters (HQ) of notary bureaus

1. Have a specific address according to the administrative boundaries.

2. Ensure the working space for notaries, other officials, employees, common usable areas, and dedicated areas in accordance with laws on standards and norms for the use of office premises of public service facilities and laws on the management and use of public property; meet the requirements for fire prevention and control and storage of notarial records as mandated by law.

3. In case of leasing the HQ of notary bureaus, the minimum lease term shall be 2 years.

Article 9. Schemes for conversion of notary bureaus to notary offices

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2. The Scheme shall include the following main contents:

a) The necessity of conversion of the notary bureau;

b) The results of the organization and operation of the notary bureau in the last three years, including: The taxes and other amounts payable to state budget; the number of notarization and authentication works; and other operation results of the notary bureau;

c) The conversion of the notary bureau must clearly demonstrate that the right to receive the converted notary bureau is transferred to the very notaries of the notary bureau (including the list of notaries proposed to receive the converted notary bureau) or is auctioned (specifying the proposed starting price);

d) The proposed solutions for addressing the benefits and policies for notaries, other public employees, and employees of the notary bureau; the plan for disposition of property and management of cash balances of the funds that the notary bureau has set aside in accordance with laws and other matters concerning the notary bureau;

dd) The number and classification of the notarial records of the notary bureau;

e) Estimated costs for the conversion of the notary bureau;

g) Responsibility for organization of implementation of the Scheme of the Department of Justice, relevant departments, local authorities and agencies and organizations.

3. Within 30 days from the receipt of the written request of the Department of Justice enclosed with the Scheme, the provincial People’s Committee shall issue a decision to approve the Scheme, submit it to the Department of Justice, the Notary association in their area and the notary bureau proposed for conversion; in the case of a refusal, a written notification stating the reason must be provided to the agencies and organizations specified in this clause.

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Article 10. Methods for conversion of notary bureaus

1. The right to receive the converted notary bureau shall be transferred to notaries who are acting as public employees of the notary bureau proposed for conversion. The price of the right to receive the converted notary bureau shall be the average taxes and other amounts payable to state budget over the last 3 years of the notary bureau proposed for conversion.

2. In case a notary of the notary bureau refuses to receive the converted notary bureau or fails to fully meet requirements as prescribed in clause 2 Article 23 of the Law on Notarization, the right to receive the converted notary bureau shall be put up for auction. The starting price for auction shall be the average taxes and other amounts payable to state budget over the last 3 years of the notary bureau. The auction shall follow the procedures for public property auction.

3. The right to receive the converted notary bureau shall not include the value of its HQ, equipment and other assets under the state ownership that the notary bureau is managing and using.

Article 11. Decisions to convert notary bureaus

1. The Provincial People’s Committees shall issue decisions to convert notary bureaus to notary offices at the request of the Departments of Justice.

2. Notary offices established from the conversion of notary bureaus shall follow registration procedures as same as those for the newly established notary offices. The converted notary bureau shall be shut down from the effective date of decisions to convert notary bureaus to notary offices.

3. Notary offices that have been established from the conversion of notary bureaus must inherit the entire rights and obligations related to the notarization transactions and receive all notarial records of such notary bureaus.

Article 12. Benefits and policies for notaries, other public employees, employees of converted notary bureaus

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2. Departments of Justice shall take charge and cooperate with relevant departments and local authorities in their areas in requesting the Provincial People’s Committees to consider making decisions on benefits and policies stipulated in Clause 1 of this Article.

Article 13. Disposition of property at converted notary bureaus

1. The disposition of state-owned property currently under the authority of the notary bureaus shall comply with laws on management and use of public property.

2. Departments of Finance shall take charge and cooperate with Departments of Justice in requesting the Provincial People’s Committees to consider making decisions on disposition of property stipulated in Clause 1 of this Article.

Article 14. Dissolution of notary bureaus

1. Notary bureaus that is required to convert into notary offices in accordance with the provisions of the Law on Notarization but cannot be converted shall be dissolved.

2. The notary bureaus can only be dissolved after meeting the conditions specified in Clause 2 of Article 22 of the Law on Notarization and resolving the benefits and policies for notaries, other public employees, and employees of the notary bureaus in accordance with regulations.

The dissolution of the notary bureaus shall comply with the provisions of the Law on Notarization, laws on public service providers, and relevant laws.

Article 15. Roadmap for completion of the conversion and dissolution of notary bureaus

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a) For notary bureaus self-covering their recurrent and investment expenditures: By no later than December 31, 2026;

b) For notary bureaus self-covering their recurrent expenditures: By no later than December 31, 2027;

c) For notary bureaus not included in point a and point b of this clause: By no later than December 31, 2028.

2. The People’s Committees of provinces shall, based on the provisions of the Law on Notarization, this Decree, laws on organization and rearrangement of public service providers and the actual conditions of the provinces, decide the conversion and dissolution of notary bureaus in their provinces in accordance with the roadmap specified in clause 1 of this Article.

Article 16. Announcing information regarding the establishment, conversion and dissolution of notary bureaus

1. Within 05 working days from the date the People's Committee of a province issues a decision to establish a notary bureau, the Department of Justice must put a notice in the national newspaper or local newspaper of the province where the HQ of the notary bureau is located for 03 consecutive issues about the name, address of the notary bureau; the number, date, month, year of the establishment decision, and the date of commencement of operations of the Notary bureau.

2. Within 05 working days from the date the People's Committee of a province issues a decision to change the name or address of the HQ of the notary bureau, to convert the Notary bureau into a Notary office or to dissolve the Notary bureau, the Department of Justice must put a notice in the national newspaper or local newspaper of the province where the HQ of the notary bureau is located for 03 consecutive issues about the changes or the conversion and dissolution of the Notary bureau.

Section 2. NOTARY OFFICES

Article 17. Notary offices that are organized and operate as sole proprietorships

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2. Notary offices as sole proprietorships may be converted into notary offices organized and operating as partnerships (hereinafter referred to as “notary offices as partnerships”). Notary offices as partnerships shall not be allowed to be converted into notary offices as sole proprietorships.

3. The following requirements must be satisfied when converting a notary office as a sole proprietorship (hereinafter referred to as “converted notary office”) to a notary office as a partnership (hereinafter referred to as “converting notary office”):

a) The converted notary office does not fall under the cases of suspension of operations or withdrawal of the decision to permit establishment (hereinafter referred to as “establishment permission”), nor revocation of the certificate of operation registration (or operating license) (hereinafter referred to as "registration certificate") at the time of the conversion request;

b) The Head of the converted notary office makes a written declaration that he/she has unlimited liability and he/she will fully pay the debts and other financial obligations when due, unless the proposed partners of the converting notary office have a different agreement;

c) The proposed partners of the converting notary office have a written agreement on the continued execution of notarization requests that are being processed; other transactions that are being conducted or have not been terminated or canceled; the reception and employment of the existing employees of the converted notary office;

d) The converting notary office has its registered address within the same commune as the converted notary office.

4. An application for conversion of the notary office specified in clause 3 of this Article shall include the following documents:

a) A written request for conversion of the notary office, specifying the fulfillment of the conversion requirements stipulated in clause 3 of this Article;

b) The decision on appointment as proposed partner notaries of the converting notary office; documents proving that the notary has practiced for at least 02 years for the notary proposed to serve as the Head of the converting notary office;

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d) Written declaration and agreement prescribed in clause 3 of this Article.

The documents specified in point b of this clause are originals or certified true copies or electronic copies.

5. The notary who is the Head of the converted notary office shall prepare and submit an application as prescribed in clause 4 of this Article in person or via a postal service or online to the Department of Justice where the converted notary office registers for operation.

6. Within 05 working days from the receipt of a complete and valid application, the Department of Justice shall review it and submit it for the provincial People's Committee’s permission; in case of refusal, a written notification stating the reasons must be provided.

Within 10 working days from the receipt of the written request from the Department of Justice and the valid application, the provincial People’s Committee shall consider issuing a conversion permission decision; in case of refusal, a written notification stating the reasons must be provided.

7. The change of the registration contents, provision of information, and publication of changes to the registration contents of the converting notary office shall comply with the provisions of Articles 21 and 22 of this Decree.

8. The converting notary office shall take over the operations and inherit the rights and obligations of the converted notary office from the date of issuance of the certificate of operation registration. The Head of the converted has unlimited liability for all debts incurred prior to the date the converting notary office is granted a registration certificate, unless the partner notaries of the converting notary office have a different agreement.

Article 18. Eligibility requirements for the headquarters (HQ) of notary offices

1. A notary office must meet the following requirements for its headquarter:

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b) There must be a minimum working area of 8 square meters for each notary and a minimum storage area of 50 square meters; the notary office must comply with fire prevention and notarial record storage regulations as prescribed by law.

c) In case of leasing a notary office, the minimum lease term shall be 2 years.

2. The notary requesting the establishment of a notary office shall specify information about the HQ of the proposed Notary Office in the establishment scheme; and submit documents proving that the HQ of the Notary Office meets the eligibility requirements at the time of registering the operation of the Notary Office.

Article 19. Applications and procedures for establishing a notary office

1. An application for establishment of a notary office shall include the following documents:

a) The scheme for establishment of a Notary Office, which specifies the necessity of its establishment, the proposed organizational structure, name, personnel, location of the headquarters, material conditions, and the implementation plan for the establishment of the Notary Office; the value and proportion of capital contribution, and the determination of the deadline for capital contribution before the date on which the Notary Office submits the application for operation registration in case the Notary Office operates as a partnership; information regarding the investment capital of the Head of the Notary Office in case the Notary Office operates as a sole proprietorship;

b) The decision on appointment as proposed partner notaries and the draft Charter of the notary office in case the notary office operates as a partnership; the decision on appointment as the proposed Head of the notary office in case the notary office operates as a sole proprietorship.

c) Documents proving that the proposed Head of the Notary Office has practiced as a notary for at least 02 years.

The documents specified in point b and point c of this clause are originals or certified true copies or certified true electronic copies.

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2. A qualified notary as specified in Article 24 of the Law on Notarization shall prepare an application as stipulated in clause 1 of this Article, and submit it in person or via postal service or online by electronic means to the Department of Justice of the administrative division where the notary office is expected to be located.

3. Within 05 working days from the receipt of the complete and valid application, the Department of Justice shall prepare and submit a document to the provincial People’s Committee for consideration and decision; in case of refusal, a written notification stating the reasons must be provided.

Within 10 working days from the receipt of the written request from the Department of Justice and the valid application, the provincial People’s Committee shall consider issuing an establishment permission decision; in case of refusal, a written notification stating the reasons must be provided.

In cases where the information in the application for establishment of the notary office is incomplete or inconsistent, the Department of Justice or the provincial People's Committee may request the applicant to provide additional information or clarification. The period specified in this clause shall begin from the day on which the Department of Justice or the provincial People’s Committee receives the additional information or clarification.

Article 20. Applications and procedures for notary office registration

1. An application for notary office registration shall include the following documents:

a) The written request for registration of operations made using the form specified by the Minister of Justice;

b) Documents proving that the HQ of the Notary Office is in accordance with the contents stated in the scheme for establishment of the Notary Office;

c) Documents proving that the partner notary has contributed capital in accordance with the provisions of the Law on Enterprises for the notary office as a partnership; documentary evidence concerning the investment capital of the Head of the notary office for the notary office as a sole proprietorship; the employment contract and the decision on appointment as a notary working under a labor contract (if applicable); 02 2x3cm photos of each notary.

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2. The notary office registering for operations as prescribed in Article 25 of the Law on Notarization shall prepare an application according to the provisions of clause 1 of this Article, and submit it in person or via postal service or online by electronic means to the Department of Justice where the establishment permission has been granted.

3. Within 05 working days from the receipt of a complete and valid application, the Department of Justice shall consider issuing a registration certificate to the notary office and notary’s cards; in case of refusal, a written notification stating the reasons must be provided.

Article 21. Applications and procedures for changing notary office registration contents, reissuance of registration certificates of notary offices

1. An application for changing the notary office registration contents shall include the following documents:

a) The written request for changing the registration contents made using the form specified by the Minister of Justice;

b) Documents proving the contents requiring change; in the case of appointing a new partner notary, there must be documents proving that the required capital contribution has been fully paid according to the agreement, along with 02 2x3 cm photos of the newly appointed notary.

The documents specified in point b of this clause are originals or certified true copies or electronic copies.

2. The notary office, in cases specified in Clause 1 of Article 26 of the Law on Notarization, shall prepare an application according to the provisions of clause 1 of this Article, and submit it in person or via postal service or online by electronic means to the Department of Justice where it is registered.

Within 5 working days from the receipt of a complete and valid application, the Department of Justice shall reissue the registration certificate or record the changes in the registration certificate of the notary office, simultaneously issue a notary’s card for the newly appointed notary, revoke the notary’s card of any notary no longer practicing at the notary office, or reissue a notary’s card in the event that the notary office changes its name; in case of refusal, a written notification clearly stating the reasons shall be provided.

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a) A written request for reissuance of the registration certificate of the notary office, specifying the reasons for the request for reissuance;

b) The original registration certificate of the notary office in case the registration certificate is damaged.

4. The notary office that has lost or damaged the registration certificate in accordance with Clause 3, Article 26 of the Law on Notarization shall prepare an application according to the provisions of clause 3 of this Article and submit it in person or via postal service or online by electronic means to the Department of Justice where it is registered.

Within 05 working days from the receipt of a complete and valid application, the Department of Justice shall reissue a registration certificate to the notary office; in case of refusal, a written notification stating the reasons must be provided.

Article 22. Providing information about registration contents, changes in registration contents, and temporary suspension of operations of notary offices; publishing notary office registration contents

1. Within 05 working days from the issuance or reissuance of a registration certificate of a notary office, or a decision to temporarily suspend operations or a decision to terminate the temporary suspension of operations of a notary office, the Department of Justice must notify in writing the business registration authority, the tax authority, the statistics authority, the provincial police authority, and the People's Committee of the commune where the notary office is located.

The Department of Justice shall update the information provided in this clause into the notarization management software of the Ministry of Justice, and simultaneously publish it on the web portal of the Department of Justice on the day of carrying out the procedures stipulated in this clause.

2. Within 05 working days from the issuance or reissuance of the registration certificate, the notary office must put a notice in the national newspaper or local newspaper of the administrative division where it is registered for 03 consecutive issues regarding the following contents:

a) Name and address of the notary office;

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c) The number, date, month, year of issuance or reissuance of the registration certificate, the location of operation registration and the date of commencement of operations of the notary office.

Article 23. Applications and procedures for consolidation of notary offices as partnerships

1. An application for consolidation of a notary office as a partnership shall include the following documents:

a) The contract for consolidation of the notary office, which includes the following main contents: The names and addresses of the consolidating notary offices; the names and addresses of the consolidated notary office; a list of partner notaries and notaries working under labor contracts at the consolidating notary offices; the timeline for the consolidation; the quantity and classification of notarial records from the consolidating notary offices; the plan for transferring the assets of the consolidating notary offices to the consolidated notary office; the employment plan of the consolidated notary office; the inheritance of all rights and obligations of the consolidating notary offices and other related matters.

Each consolidating notary office shall appoint a partner notary to represent it in signing the consolidation contract;

b) Audited tax declarations and financial reports for the last three years of the consolidating notary offices.

The documents specified in point b of this clause are originals or certified true copies or electronic copies.

2. The notary office requesting consolidation as prescribed in Clause 1 of Article 29 of the Law on Notarization shall prepare an application according to the provisions of clause 1 of this Article and submit it in person or via postal service or online by electronic means to the Department of Justice where it registered for operations.

Within 05 working days from the receipt of the complete and valid application, the Department of Justice shall prepare and submit a document to the provincial People’s Committee for consideration and decision; in case of refusal, a written notification stating the reasons must be provided.

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3. An application for consolidated notary office registration shall include the following documents:

a) The written request for consolidated notary office registration made using the form specified by the Minister of Justice;

b) Documents proving the conditions regarding the headquarters of the consolidated notary office as prescribed in Article 18 of this Decree;

c) The notary’s cards of the notaries of the consolidated notary office.

The documents specified in point b of this clause are originals or certified true copies or electronic copies.

4. On the basis of the consolidation permission of the provincial People’s Committee, the consolidated notary office shall prepare an application as prescribed in clause 3 of this Article and submit it in person or via postal service or online by electronic means to the Department of Justice of the administrative division where the notary office is located.

Within 05 working days from the receipt of a complete and valid application, the Department of Justice shall issue a registration certificate to the consolidated notary office, revoke the registration certificates of the consolidating notary offices and issue notary’s cards to the notaries of the consolidated notary office; in case of refusal, a written notification stating the reasons must be provided.

The consolidating notary offices may continue operating but are not permitted to receive any new notarization requests until the consolidated notary office is granted a registration certificate. The consolidated notary office shall inherit all rights, obligations and notarization requests currently being executed at the consolidating notary offices and is responsible for preserving all notarial records of the consolidating notary offices.

5. The provision of information and publication of consolidated notary office registration contents shall comply with the provisions of Article 22 of this Decree.

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1. An application for merger of a notary office as a partnership shall include the following documents:

a) The contract for merger of the notary office, which includes the following main contents: The names and addresses of the merged notary offices; the name and address of the merging notary office; a list of partner notaries and notaries working under labor contracts at the merged notary offices; the quantity and classification of notarial records from the merged notary offices; the timeline for the merger; the employment plan of the merging notary office; the plan for transferring the assets of the merged notary offices to the merging notary office; the inheritance of all legal rights, obligations and interests of the merged notary offices and other related matters.

Each merged notary office or merging notary office shall appoint a partner notary to represent it in signing the merger contract;

b) Audited tax declarations and financial reports for the last three years of the merged notary offices.

The documents specified in point b of this clause are originals or certified true copies or electronic copies.

2. The notary office requesting merger as prescribed in Clause 1 of Article 29 of the Law on Notarization shall prepare an application according to the provisions of clause 1 of this Article and submit it in person or via postal service or online by electronic means to the Department of Justice where it registered for operations.

Within 05 working days from the receipt of the complete and valid application, the Department of Justice shall prepare and submit a written request to the provincial People’s Committee for consideration and decision; in case of refusal, a written notification stating the reasons must be provided.

Within 10 working days from the receipt of the written request from the Department of Justice and the valid application, the provincial People’s Committee shall consider issuing a merger permission decision; in case of refusal, a written notification stating the reasons must be provided.

3. An application for changing the merging notary office registration contents shall include the following documents:

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b) Documents proving the conditions regarding the headquarters of the merging notary office as prescribed in Article 18 of this Decree;

c) The notary’s cards of the notaries of the merged notary offices.

The documents specified in point b of this clause are originals or certified true copies or electronic copies.

4. On the basis of the merger permission decision of the provincial People’s Committee, the merging notary office shall prepare an application as prescribed in clause 3 of this Article and submit it in person or via postal service or online by electronic means to the Department of Justice where it is registered.

Within 05 working days from the receipt of a complete and valid application, the Department of Justice shall reissue or record the changes in the registration certificate of the merging notary office, revoke the registration certificates of the merged notary offices and issue notary’s cards to new notaries of the merging notary office; in case of refusal, a written notification stating the reasons must be provided.

5. The merged notary offices may continue operating but are not permitted to receive any new notarization requests until the merging notary office has its registration contents changed. The merging notary office shall inherit all rights, obligations and notarization requests currently being executed at the merged notary offices and is responsible for preserving all notarial records of the merged notary offices.

6. The provision of information and publication of the merging notary office registration contents shall comply with the provisions of Article 22 of this Decree.

Article 25. Transfer of the entire stakes of all partners of a notary office

1. An application for transfer of the entire stakes from all partners of a notary office in accordance with Article 30 of the Law on Notarization includes the following documents:

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The stake transfer agreement must be signed by all transferring notaries and receiving notaries.

b) Audited tax declarations and financial reports for the last three years of the transferring notary office;

c) The appointment decisions of receiving notaries; documents proving that the receiving notaries meet all the conditions specified in Clause 2, Article 30 of the Law on Notarization.

The documents specified in point b and point c of this clause are originals or certified true copies or certified true electronic copies.

2. The application specified in Clause 1 of this Article shall be made and submitted in person or via postal service or online by electronic means to the Department of Justice where the notary office registered for operations.

Within 05 working days from the receipt of the complete and valid application, the Department of Justice shall prepare and submit a written request to the provincial People’s Committee for consideration and decision; in case of refusal, a written notification stating the reasons must be provided.

Within 10 working days from the receipt of the written request from the Department of Justice and the valid application, the provincial People’s Committee shall consider issuing a decision on permission for transfer of the entire stakes of all partners of the notary office; in case of refusal, a written notification stating the reasons must be provided.

3. An application for changing the receiving notary office registration contents shall include the following documents:

a) The written request for changing the receiving notary office registration contents made using the form specified by the Minister of Justice;

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The documents specified in point b of this clause are originals or certified true copies or electronic copies.

4. The receiving notaries shall prepare an application as prescribed in clause 3 of this Article and submit it in person or via postal service or online to the Department of Justice where the notary office is registered.

Within 05 working days from the receipt of a complete and valid application, the Department of Justice shall reissue a registration certificate to the receiving notary office, revoke the registration certificate of the transferring notary office and issue notary’s cards to the notaries of the receiving notary office; in case of refusal, a written notification stating the reasons must be provided.

5. The transferring notary office may continue operating but is not permitted to receive any new notarization requests until the notary office receiving capital contributions by transfer is reissued with a registration certificate.

6. The provision of information and publication of changes in receiving notary office registration contents shall comply with the provisions of Article 22 of this Decree.

Article 26. Selling notary offices as sole proprietorships

1. A dossier for sale of a notary office as a sole proprietorship as stipulated in Article 31 of the Law on Notarization includes the following documents:

a) The contract of sale of the notary office, which includes the following main contents: The name and address of the notary office; the names and appointment decision numbers of the Head of the notary office and the notaries working under an employment contract at the notary office (if any); the name and appointment decision number of the notary purchasing the Notary Office; the selling price, payment method; the transfer of the Notary Office; the quantity and classification of notarial records, existing assets of the Notary Office; the rights and obligations of the parties, specifying the inheritance of all rights and obligations, the acceptance of ongoing notarization requests, and the records of the Notary Office.

b) Audited tax declarations and financial statements for the last three years of the notary office being sold;

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The documents specified in point b and point c of this clause are originals or certified true copies or certified true electronic copies.

2. The application specified in Clause 1 of this Article shall be made and submitted in person or via postal service or online by electronic means to the Department of Justice where it registered for operations.

Within 05 working days from the receipt of the complete and valid application, the Department of Justice shall prepare and submit a written request to the provincial People’s Committee for consideration and decision; in case of refusal, a written notification stating the reasons must be provided.

Within 10 working days from the receipt of the written request from the Department of Justice and the valid application, the provincial People’s Committee shall consider issuing a sale permission decision; in case of refusal, a written notification stating the reasons must be provided.

3. An application for changing the sold notary office registration contents shall include the following documents:

a) The written request for changing the registration contents made using the form specified by the Minister of Justice;

b) Documents proving the conditions regarding the HQ of the notary office as prescribed in Article 18 of this Decree;

The documents specified in point b of this clause are originals or certified true copies or electronic copies.

4. The notary purchasing the notary office shall prepare and submit an application as prescribed in clause 3 of this Article in person or via a postal service or online by electronic means to the Department of Justice where the notary office registered for operations.

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5. The sold notary office may continue operating but is not permitted to receive any new notarization requests until the notary office is reissued with a registration certificate.

6. The provision of information and publication of sold notary office registration contents shall comply with the provisions of Article 22 of this Decree.

Article 27. Shutdown of notary offices

1. The notary office that shuts down in accordance with point a, clause 1, Article 34 of the Law on Notarization is obliged to put a notice in the national newspaper or the local newspaper of the administrative division where it was registered for operations in three consecutive issues about the proposed time for the shutdown; it is not permitted to accept new notarization requests from the time a report on the anticipated shutdown is sent to the Department of Justice.

Within 05 working days from the date the registration certificate of the notary office is revoked, the Department of Justice is responsible for notifying in writing the agencies specified in Article 22 of this Decree of the shutdown of the notary office. Additionally, it must put a notice in a national or local newspaper of the administrative division where the notary office was registered for 03 consecutive issues about the shutdown of the notary office.

2. In the event that a notary office shuts down as stipulated in point b, clause 1, Article 34 of the Law on Notarization, the Department of Justice shall notify the notary office in writing of the discontinuation of receiving new notarization requests from the time the Department of Justice issues a written request for revocation of the establishment permission to the provincial People's Committee. Within 05 working days from the receipt of the written request from the Department of Justice, the provincial People’s Committee shall issue establishment permission; in case of refusal, a written notification stating the reasons must be provided.

Chapter IV

NOTARIAL PRACTICE

Section 1. professional liability insurance FOR NOTARIES

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1. The insurer shall reimburse the notarial practice organization for the amount that the notarial practice organization is obligated to compensate to the notarial requester and other individuals or organizations (hereinafter referred to as “the injured party”) due to the fault of the notary from its organization during the performance of notarization, except for the cases specified in Clause 2 of this Article.

2. The insurer is not liable for reimbursement in the following cases:

a) Damages caused by the intentional misconduct of the notary during the notarization process; due to the notary's violation of the provisions regarding prohibited acts as stipulated by the Law on Notarization;

b) Damages caused by the notary performing notarization during the period when the notary is temporarily suspended from practicing or the notarial practice organization is temporarily from operations;

c) Other cases as agreed upon between the notarial practice organization and the insurer (if any).

Article 29. Insurance period

1. The minimum insurance period is 5 years from the effective date of the insurance contract.

2. Notarial practice organizations and insurers may negotiate the period of insurance but the period must not be shorter than the minimum insurance period stipulated in Clause 1 of this Article.

Article 30. Insurance premiums and the responsibility to purchase insurance

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The reassessment of risk levels to adjust the premium during the insurance period may only be carried out if there is an agreement between the notarial practice organization and the insurer, clearly specified in the insurance contract.

2. Each notarial practice organization has the responsibility to purchase professional liability insurance for its notaries no later than 60 days from the date the notary is granted a notary’s card.

3. The fund for purchasing professional liability insurance for notaries of a notary office is drawn from the fund for development of administrative operations of the notary office; in the event that the fund for development of administrative operations is insufficient to cover expenses or the notary office has its recurrent expenditures covered by the state, the cost of purchasing professional liability insurance for notaries shall be accounted for as part of the recurrent expenditures of the notary office.

The funds for purchasing the professional liability insurance for the notaries of the notary office may count towards the operational expenses of the notary office.

Article 31. Sum assured

1. The sum assured shall be 400 million VND and must be clearly stated in the insurance contract.

2. The minimum deductible is 2 million VND for a single insurance claim and must be clearly specified in the insurance contract.

3. Insurers and policyholders may negotiate the sum insured and the deductibles, but these shall not be lower than the limits stipulated in Clause 1 and Clause 2 of this Article.

Article 32. Principles of insurance claims

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2. In the event of an agreement regarding advance compensation, the advance compensation shall be implemented in accordance with that agreement.

3. In cases where an insurance claim occurs when a notary is no longer practicing at a notarial practice organization responsible for compensating for the damages, the insurer shall still be liable for reimbursement if the notary and the notarial practice organization meet the following requirements:

a) The notary is practicing at another notarial practice organization that has purchased professional liability insurance for them.

b) The notarial practice organization responsible for reimbursing for damages is currently insured with an insurer.

In this case, the insurer that is providing an insurance contract for the notarial practice organization where the notary is practicing is responsible for reimbursement.

Article 33. Responsibilities of notarial practice organizations and insurers

1. When there is a request or decision from a competent authority regarding compensation for damages, the notarial practice organization shall:

a) Notify the insurer immediately;

b) Initiatively collect and provide the insurer with documents required for the insurance claim as stipulated in Article 35 of this Decree;

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2. Upon receiving a notification from the notarial practice organization regarding the insurance claim, the insurer must guide the notarial practice organization in preparing the necessary documentation and procedures for the insurance claim; and closely cooperate with the notarial practice organization and relevant parties in determining the cause and extent of the damage as the basis for settling the insurance claim.

Article 34. Insurance contracts

1. The insurance contract between a notarial practice organization and an insurer is effective from the time it is signed and sealed by the parties, and the notarial practice organization pays the insurance premium, unless the parties have agreed otherwise.

2. The insurance contract must clearly define the scope of coverage, the period of insurance, the insurance premium, the sum insured, the rights and obligations of the parties, and any other agreements (if any).

3. The insurance contract shall terminate at the time the notarial practice organization is issued with a dissolution decision, has its registration certificate revoked, or in other cases as agreed upon between the notarial practice organization and the insurer.

The insurer is responsible for refunding the insurance premium that the notarial practice organization has paid corresponding to the remaining insurance period stated in the insurance contract, unless the parties have agreed otherwise.

Article 35. Applications for insurance claims

1. An application for insurance claim shall include the following documents:

a) A written claim for compensation;

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c) Documentary evidence of damage;

d) Judicial decision (if any).

2. The documentary evidence of damage specified in point c clause 1 of this Article shall include the following documents:

a) Valid invoices, documents or evidence proving the damage;

b) Minutes of reconciliation between the notarial practice organization and the injured party (if any);

c) Other relevant documents (if any).

Section 2. SOCIO - Professional ORGANIZATIONs of NOTARIES 

Article 36. Notary associations

1. The Notary association of a province or central-affiliated city is a socio-professional organization at the provincial level of notaries practicing in the province or central-affiliated city as stipulated in Clause 1, Article 41 of the Law on Notarization.

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The Notary association has juridical personality, possesses its own seal, and has a separate bank account.

2. The organization and operation of a Notary association are under the state management of the provincial People's Committee and the guidance of the Vietnam Notary Association. The Notary association shall not issue resolutions, decisions, internal regulations, or provisions regarding fees, collections, and other regulations that are contrary to the provisions of the law and the Charter of the Vietnam Notary Association.

The Department of Justice shall take charge and coordinate with the Department of Home Affairs in assisting the provincial People's Committee in performing state management regarding the organization and operation of the local Notary Association.

3. Members of a Notary association of an administrative division are notaries practicing in such division. The notaries must join Notary associations before practicing at local notarial practice organizations.

The rights and obligations of members of the Notary association are stipulated in the Charter of the Vietnam Notary Association.

Article 37. Agencies of a Notary association

1. The General assembly of notaries is the highest governing body of the Notary Association.

2. The Executive Committee of the Notary Association is the executive body of the General assembly of notaries, elected by the Plenary assembly of notaries.

3. The Reward and Discipline Council of the Notary Association is elected by the General assembly of notaries for the term of the Executive Committee of the Notary Association.

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Article 38. Duties and powers of Notary associations

1. Represent and protect the lawful rights and interests of members in their profession in accordance with the Charter of the Vietnam Notary Association and applicable laws.

2. Admit and expel members; reward and discipline members; resolve complaints and denunciations according to the Charter of the Vietnam Notary Association.

3. Supervise members in compliance with the law on notarization, the Code of Ethics for notarial practice, and the Charter of the Vietnam Notary Association.

4. Conduct annual notary training programs for members in accordance with appropriate methods.

5. Implement the resolutions, decisions, and regulations of the Vietnam Notary Association and the relevant state management agencies.

6. Comply with inspections and audits conducted by the competent authorities, as well as with the oversight and supervision of the Vietnam Notary Association.

7. Participate in cooperative activities regarding notarization both nationally and internationally in accordance with the law.

8. Perform other tasks and powers as stipulated by this Decree, relevant laws, and the Charter of the Vietnam Notary Association.

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1. The Vietnam Notary Association is a national social-professional organization of Vietnamese notaries as stipulated in Clause 1, Article 41 of the Law on Notarization.

The Vietnam Notary association is organized and operates on the self-governance, openness, transparency and non-profit basis, and covers its own operational funding in accordance with the provisions of the Law on Notarization and this Decree.

The Vietnam Notary Association has legal status as a legal entity, possesses its own seal, and has a separate bank account.

2. The activities of the Vietnam Notary Association are subject to state management by the Ministry of Justice, the Ministry of Home Affairs, and other competent state management agencies as prescribed by law.

3. Members of the Vietnam Notary Association include Notary Associations and notaries.

The rights and obligations of members of the Vietnam Notary Association are regulated by the Charter of the Vietnam Notary Association in accordance with the provisions of the Law on Notarization, this Decree, and related laws.

Article 40. Agencies of the Vietnam Notary Association

1. The National Congress of Notaries is the supreme governing body of the Vietnam Notary Association.

2. The National Notary Council is the governing body of the Vietnam Notary Association during the gap between two terms of the National Congress of Notaries.

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4. Other agencies as stipulated by the Charter of the Vietnam Notary Association.

5. The specific duties and powers of the agencies specified in clauses 1, 2, 3, and 4 of this Article are regulated by the Charter of the Vietnam Notary Association.

Article 41. Duties and powers of the Vietnam Notary Association

1. Represent and protect the lawful rights and interests of members in accordance with the Charter of the Vietnam Notary Association and applicable laws.

2. Admit and expel members; reward and discipline members; resolve complaints and denunciations according to the Charter of the Vietnam Notary Association.

3. Issue Code of Ethics for notarial practice; supervise members in compliance with the Code of Ethics for notarial practice, and notarization laws.

4. Provide guidelines for members; annual notary refresher training for members in accordance with laws.

5. Cooperate with the Ministry of Justice in organizing training and notarial apprenticeship according to laws; participate in the development, dissemination and education of the law.

6. Establish a voluntary compensation fund to support compensation for damage caused by members who are notaries during their notarial practice in cases where the professional liability insurance of the members is insufficient for compensation; and implement the usage and management of the Compensation Fund in accordance with laws.

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8. Inspect and supervise the implementation of the Charter of the Vietnam Notary Association; suspend the enforcement of and request the amendment or annulment of resolutions, decisions, and regulations of Notary Associations that are contrary to the Charter of the Vietnam Notary Association; recommend that competent state agencies suspend the enforcement of and request the amendment or annulment of resolutions, decisions, and regulations of Notary Associations that violate laws.

9. Send a report to the Ministry of Justice on the Scheme for organizing the periodic congress, extraordinary congress, personnel plan, and the results of the congresses; submit annual reports or other reports as required by the Ministry of Justice.

10. Perform other tasks and powers as stipulated by laws and the Charter of the Vietnam Notary Association.

Article 42. Charter of the Vietnam Notary Association

1. Based on the provisions of the Law on Notarization and this Decree, the National Congress of Notaries approves the Charter of the Vietnam Notary Association.

The Charter of the Vietnam Notary Association is uniformly applied to the Vietnam Notary Association and various Notary Associations.

2. The Charter of the Vietnam Notary Association includes the following key contents:

a) The objectives, purposes, and symbols of the Vietnam Notary Association;

b) Rights and obligations of members of the Vietnam Notary Association;

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d) Procedures for joining or withdrawing from the list of members of a Notary Association, and for expulsion from membership;

dd) The term of office, organizational structure, procedures for election, dismissal, removal, tasks and powers of the agencies of the Vietnam Notary Association and Notary Associations;

e) The cooperation between the Notary Associations in carrying out their tasks and powers as stipulated;

g) The structure, tasks and powers of the National Congress of Notaries, the General Assembly of Notaries of Notary Associations; the procedures and formalities for conducting the Congresses of the Vietnam Notary Association and Notary Associations.

h) The issuance of internal regulations of Notary Associations;

i) Finances of between the Vietnam Notary Association and Notary Associations;

k) The reward and disciplinary actions for members and the resolution of complaints and denunciations;

l) The obligation to submit reports of the Vietnam Notary Association and Notary Associations;

m) Relationship with other agencies and organizations.

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The application includes the following:

a) The written request for the Minister of Justice’s approval for the Charter, which clearly states the main contents of the draft Charter;

b) The draft Charter.

c) The resolution of the National Congress of Notaries regarding the approval for the Charter.

Within 30 days from the receipt of the complete and valid application, the Minister of Justice shall issue a decision to approve the Charter after obtaining the unanimous opinion of the Minister of Home Affairs; in the event of refusal, a written notification clearly stating the reasons must be provided. The time for obtaining the unanimous opinion of the Minister of Home Affairs about the draft Charter does not count towards the time limit specified in this clause.

4. The Charter of the Vietnam Notary Association shall be rejected for approval in the following cases:

a) Its contains content that is contrary to the provisions of the Constitution and laws;

b) The procedures for approving the Charter do not ensure validity, democracy, openness and transparency in accordance with laws.

5. In the event that the Charter of the Vietnam Notary Association is not approved, the National Notary Council must amend the contents of the Charter or reorganize a Congress to adopt the Charter in accordance with laws.

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6. The Charter of the Vietnam Notary Association comes into force from the day on which it is approved.

Chapter V

NOTARIZATION PROCEDURES, NOTARIAL DATABASE, NOTARIAL RECORD STORAGE

Section 1. GENERAL PROCEDURES AND NOTARIZATION PROCEDURES FOR CERTAIN SPECIFIC TRANSACTIONS 

Article 43. Other legitimate reasons for conducting notarizations outside the offices of notarial practice organizations

1. Other legitimate reasons for conducting notarizations outside the offices of notarial practice organizations in accordance with the provisions of point d clause 2 Article 46 of the Law on Notarization include the following:

a) Pregnant women or women who are nursing children under 12 months of age;

b) The elderly, persons with disabilities, or those who have difficulties in mobility;

c) Individuals who are carrying out duties within the people's police force and the people's army force, those who hold positions of responsibility, or those who are performing assigned tasks as requested by the agencies, organizations, or enterprises where they work, and whose departure from their positions would affect the duties, tasks assigned, or responsibilities they are undertaking;

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2. The notarization outside an office must be conducted at a location with a specific address that is appropriate for the reason for requesting notarization outside the office.

Article 44. Procedures for posting up the acceptance of requests for notarization of written agreements on division of estate

1. The document regarding the acceptance of a request for notarization of a written agreement on division of estate must be posted within 15 days from the commencement date of posting.

2. The acceptance document shall be posted up at the People's Committee of the commune where the last place of permanent residence of the decedent is located; in cases where the last place of permanent residence cannot be identified, the acceptance document shall be posted at the People's Committee of the commune where the last place of temporary residence is located.

In cases where the last place of permanent or temporary residence of the decedent is not located in Vietnam, the acceptance document shall be posted up at the People’s Committee of the last place of permanent or temporary residence of the decedent in Vietnam; in the event that the decedent’s last place of permanent or temporary residence is unavailable or unknown, the notarization acceptance document shall be sent to the Department of Justice of the administrative division where the notarial practice organization is located for posting it on its web portal. Within 03 working days from the receipt of the written request from the notarial practice organization, the Department of Justice must carry out the posting as stipulated in this clause.

3. In cases where the estates include both real estate and movable property, or if the estates consist solely of real estate, the acceptance shall be posted in accordance with the provisions in Clause 2 of this Article and at the office of the People's Committee of the commune where the real estate is located.

4. In cases where the office of the notarial practice organization and the last place of permanent or temporary residence of the decedent do not fall within the same province or central-affiliated city, the notarial practice organization may send a written request to the People's Committee of the commune where the last place of permanent or temporary residence of the decedent is located to carry out the posting.

5. The notarization acceptance document shall include: The full names of the decedent and the heir; the inheritance relationship between the heir and the decedent; the list of inheritance estates; it must also be clearly stated if there are any complaints or accusations regarding the omission or concealment of the heir; if the estate does not belong to the ownership or use rights of the decedent, such complaints or accusations shall be sent to the notarial practice organization that received the request for notarization of the written agreement on division of estate and informed to the People's Committee of the commune where the acceptance document is posted.

6. The Commune-level People's Committee where the acceptance document is posted is responsible for preserving the acceptance document during the posting period and shall not require additional papers or documents when receiving a request for posting; it must provide a written confirmation of the duration and results of the posting and send it to the notarial practice organization that requested the posting within 03 working days from the date the posting ends. In the case where the acceptance document is published in accordance with the provisions of Clause 2 of this Article, the Department of Justice shall notify the notarial practice organization of the publication results within 03 working days from the end of the 15-day publication period.

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Article 45. Disclosure of wills held by notarial practice organizations

1. Upon receiving a request to disclose a will, the notarial practice organization that is holding the will shall assign one of its notaries to carry out the disclosure of the will, unless the testator has designated a different notary who is currently practicing within the same notarial practice organization to be the one to disclose the will.

2. The person requesting the disclosure of the will must be an heir of the testator, must present documents proving that the death of the testator and their relationship with the testator; provide information related to the custody of the will (if any) and bear the costs related to the disclosure of the will.

3. The procedure for disclosure of a will through a public meeting is as follows:

a) The will that is drafted in a foreign language must be translated into Vietnamese and the signature of the translator must be authenticated before it is disclosed;

b) The notary shall carry out the posting according to the timeframe and procedures stipulated in Article 44 of this Decree to identify those individuals related to the contents of the will, including the heir, the estate manager, the ceremonial estate manager (if any) and any persons with related rights and obligations as specified in the will;

c) Within 05 working days prior to the date of the meeting to disclose the will, the notary shall notify in writing of the time and location of the meeting to the parties concerned;

d) The meeting is conducted at the office of the notarial practice organization with the direct or online presence of the individuals identified according to the provisions stated in point b of this clause; the meeting is still conducted at the time and location that has been announced even if those who have been notified but do not attend;

dd) The notary reads the entire content of the will to the attendees of the meeting, provides information, and answers questions from the attendees regarding the preservation of the will;

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The copy of the will must be certified and stamped by the notarial practice organization regarding the reproduction from the record of the will’s custody. The recipient of a copy of the will has the right to request a comparison with the original will;

g) At the conclusion of the meeting, the original will shall be handed over by the notary to the person designated to keep it as stated in the will or in the record of the will's custody; in the case where the testator does not designate a person, the attendees of the meeting shall unanimously designate an individual to hold the original will.

h) The meeting was recorded in minutes and preserved in the record of the will's custody.

4. The procedure for disclosure of a will without a public meeting is as follows:

a) Notaries shall perform the tasks specified in points a and b of clause 3 of this Article;

b) The notary shall send a copy of the will to the parties involved in the disclosure of the will. The copy of the will must be certified and stamped by the notarial practice organization regarding the reproduction from the record of the will’s custody.

Within 05 working days from the date the copy of the will is sent, if there is no feedback from the parties involved about the contents of the will, the notary shall hand over the original will to the person designated in the will or the person appointed in the record of the will’s custody; in the event that the testator does not designate anyone, the heir specified in the will shall unanimously designate a person to keep the original will;

c) The recipient of a copy of the will has the right to request a comparison with the original will or to request information related to the custody of the will.

5. The will disclosure record must be kept in the record of the will’s custody, including the following documents:

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b) Death certificate or other documents as stipulated by law to prove that the testator has passed away;

c) The receipt for the custody of the will;

d) The posting documents as prescribed in point b of Clause 3 of this Article;

dd) Other relevant documents.

Article 46. Photographing the notary witnessing the signing of a notarized document

1. The photographing of a notary witnessing the signing of a notarized document as stipulated in Clause 1 of Article 50 of the Law on Notarization shall be conducted in accordance with the provisions of this Article, unless otherwise provided by law. Each photograph must meet the following requirements:

a) Identifying the signatory of the notarized document and the notary who performs the notarization;

b) The photograph must be clear, sharp, and not prone to fading or discoloration; it must not be edited, altered, or have any details or contexts added or removed;

c) The photograph must be black-and-white or colour photograph printed on A4 paper; in the case of using specialized photo paper, the minimum size of the photograph should be 13cm x 18cm.

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3. In cases where notarization involves witnesses and interpreters, the photographing of witnesses and interpreters signing or affixing their fingerprints in the presence of the notary shall comply with the provisions of this Article.

4. In the event that multiple participates in a transaction sign a notarized document at the same time and location, the photograph of each signatory may be taken in the presence of the notary, or a group photograph of all signatories may be taken in the presence of the notary; the photographs must comply with the requirements stipulated in this Article.

In the event that multiple participates in a transaction sign a notarized document at different times or locations, photographs of the signatories shall be taken in the presence of the notaries at the corresponding times or locations; the photographs must comply with the requirements stipulated in this Article.

5. The photograph is required to be included in the notarial record, which may only be stored and used in accordance with the laws on storage of notarial records.

6. In cases where the notarial requester and the notary deem it necessary, filming the process of the parties involved in the transaction signing the notarized document may occur; visual documentation is required to be included in the notarial record and may only be stored and used in accordance with laws on the storage of notarial records.

7. The regulations regarding photography stipulated in this Article apply to the electronic notarization process specified in Section 2 of this Chapter. 

Section 2. ELECTRONIC NOTARIZATION 

Article 47. Electronic notarized documents

1. Electronic notarized documents shall be created directly via the electronic means according to the direct or online electronic notarization procedure as stipulated in the Law on Notarization, this Decree, and laws on electronic transactions.

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2. There must be a QR code, link, identification number, or another specific symbol for each electronic notarized document to be used for referencing and verifying authenticity of the document.

3. The digital signatures of the participants in a transaction, the witnesses, and the interpreters on an electronic notarized document shall be appended in the presence of the notary, except in cases where the competent person has registered a specimen signature as stipulated in Clause 2, Article 50 of the Law on Notarization.

4. The pagination of electronic notarized documents shall comply with the provisions of Clause 1, Article 51 of the Law on Notarization.

5. The correction of technical errors in an electronic notarized document shall be recorded in writing with the technical corrections and the digital signature of the notary and the notarial practice organization. The technical correction document must be attached to the electronic notarized document and must be presented together with the electronic notarized document when referenced.

6. The amendment, supplementation, termination, or cancellation of a transaction notarized electronically shall comply with the provisions of Clause 1, Article 53 of the Law on Notarization. The document on amendment, supplementation, termination, or cancellation of the transaction must be attached to the electronic notarized document and must be presented together with the electronic notarized document when referenced.

Article 48. Scope of transactions subject to electronic notarization

1. Direct electronic notarization is applied to all civil transactions.

2. Online electronic notarization is applied to civil transactions, except for wills and civil transactions that are other unilateral legal actions.

3. Diplomatic missions shall conduct electronic notarization for the transactions specified in clause 1 Article 73 of the Law on Notarization.

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1. Accounts for provision of electronic notarization service (hereinafter referred to as “electronic notarization accounts”) of the notaries, notarial practice organizations, diplomatic officials, or diplomatic missions must be created on the electronic notarization platform that complies with the provisions of Article 51 of this Decree and relevant laws.

2. Digital signatures use time-stamping services to perform electronic notarization by notaries, notarial practice organizations, diplomatic officials, and diplomatic missions provided by trust service providers (TSPs) in Vietnam in accordance with Vietnamese law.

Notaries and notarial practice organizations must register for their digital signatures for electronic notarization at the Departments of Justices where the notarial practice organizations registered for their operations.

3. Notarial practice organizations providing electronic notarization services must satisfy conditions regarding computers, network connectivity, electronic devices, and other necessary requirements.

4. The provision of electronic notarization services at diplomatic missions shall be based on the actual conditions of such diplomatic missions.

Article 50. Conditions for using electronic notarization services

1. Participants in electronic notarization transactions use public digital signatures provided by public digital signature authentication service providers in Vietnam according to Vietnamese law, or foreign digital signatures and foreign digital signature certificates recognized in Vietnam, unless otherwise provided for by law.

2. Organizations and individuals participating in electronic notarization transactions may register for an account for use of electronic notarization services on the electronic notarization platform or have their digital signature certificates authenticated through the VNeID application or other applications at the time of engaging in transactions in order to synchronize their accounts and obtain digital signature certificates in accordance with laws. Notaries and notarial practice organizations have the obligation to provide guidance to the organizations and individuals registering for accounts for use of electronic notarization services and comply with relevant laws.

Article 51. Electronic notarization platform and notarial data reference portal

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a) There must be solutions and technologies that use eID accounts at level 2 or higher of individuals and eID accounts of organizations as prescribed by electronic identification and authentication laws;

b) When providing online electronic notarization services, there must be solutions and technologies for authenticating eID accounts at level 2 or higher according to electronic identification and authentication laws;

c) There must be solutions and technologies to collect, support the verification and comparison, ensuring that the electronic copies in the electronic notarial records are complete, accurate, and match exactly to the originals as prescribed by law;

d) There must be solutions and video call technologies to assist notaries in interacting with participants in transactions and to support the photographing and preservation of images of participants in transactions signing notarized documents;

dd) It is required to connect with the notarial database of the administrative divisions where the notarial practice organizations operate to provide real-time updates to the notarial database;

e) Using digital signature software that meets legal requirements regarding digital signatures and trusted services.

2. The notarial data reference portal is the official access point for referencing information of notarized documents and other notarial data in accordance with law.

3. The notarial database, electronic notarization platform and notarial data reference portal must meet the information system security standards at level 3 or higher as stipulated by network information security laws.

4. Notarial practice organizations using the electronic notarization platform and operating the notarial database must pay fees as prescribed by laws.

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1. The notarial requester and notary shall perform the tasks as prescribed in clause 1 and clause 2 Article 43 of the Law on Notarization.

2. The direct electronic notarization transaction initiated by a notary requires the account of the notary and the accounts of the participants in the notarization transaction (if any).

3. The notary shall upload the transaction document that has been prepared in the form of a data message or the transaction document that has been digitally signed by the competent person concluding the transaction onto the electronic notarization platform as stipulated in Clause 2, Article 50 of the Law on Notarization.

4. The notarial requester may read the transaction document on the electronic notarization platform by themselves, or the notary reads it aloud to the notarial requester at their request.

5. The notarial requester who agrees to all the contents in the draft transaction shall present the documents as stipulated in Clause 7 of Article 42 of the Law on Notarization for the notary to verify.

The notary shall check the documents presented by the notarial requester and verify the information against the database (if available). After verification, if the documents ensure authenticity, the notary shall convert all the documents presented by the notarial requester into data messages and upload them on the electronic notarization platform for archiving.

6. The notary shall identify and verify the identity of the parties involved in the transaction, and then witness the digital signing of the transaction document by the participants.

7. The notary shall verify the validity of the digital signatures affixed by the participants in the transaction, and subsequently add their own digital signature and timestamp to the testimony.

8. The notarial practice organization shall record the number of the notarized document, add a digital signature, affix a timestamp, collect notarial fees and notarization-related on-demand service charges (hereinafter referred to as “service charges”) and other related costs. Subsequently, it shall send the electronic notarized document to the notarial requester via the email address or storage method registered by the notarial requester.

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Article 53. Online electronic notarization process

1. Notarial requesters and notaries shall perform the tasks as prescribed in clause 1 and clause 2 Article 43 of the Law on Notarization.

2. The notary of a notarial practice organization that meet the regulations in Article 44 of the Law on Notarization shall initiate an online electronic notarization transaction which requires the account of the notary and the accounts of the participants in the notarization transaction (if any), and hold a virtual meeting between notaries at the physical venues.

3. The notary that has initiated uploaded transaction document that has been prepared in the form of a data message or the transaction document that has been digitally signed by the competent person concluding the transaction onto the electronic notarization platform as stipulated in Clause 2, Article 50 of the Law on Notarization.

4. The notarial requester may read the transaction document on the electronic notarization platform by themselves, or the notary reads it aloud to the notarial requester at their request.

5. The notarial requester who agrees to all the contents in the draft transaction shall present the documents as stipulated in Clause 7 of Article 42 of the Law on Notarization for the notary to verify.

The notary shall check the documents presented by the notarial requester and verify the information against the database (if available). After verification, if the documents ensure authenticity, the notary shall convert all the documents presented by the notarial requester into data messages and upload them on the electronic notarization platform for the notaries and participants in the transaction at venues for verification.

6. The notary shall identify and verify the identity of the parties involved in the transaction as well as the legality and authenticity of the transaction, and then witness the digital signing of the transaction document by the participants.

7. The notary at the venues shall verify the validity of the digital signatures signed by the participants in their presence and countersign the transaction document with their own digital signature. The notary who has initiated the electronic notarization transaction shall verify the validity of the digital signatures affixed by all the participants in the transaction and the notaries at venues, and subsequently add their own digital signature and timestamp to the testimony.

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9. The notarial practice organization shall record the notarization in the notary register, prepare and store electronic notarial records, share the right to access the notarized document with the notaries and notarial practice organizations at the remaining revenues that have participated in the transaction.

Article 54. Responsibilities of notarial practice organizations and notaries conducting online electronic notarization

1. Notarial practice organizations providing electronic notarization services shall be liable for damages caused by the errors of their notaries and employees, in accordance with the provisions of Article 40 of the Law on Notarization.

2. The notary who has initiated an online electronic notarization transaction and the notaries at revenues shall reach an agreement in writing on the scope of work; the notarial fees, service charges, and other charges to which the notary is entitled; the liability for damages of each notary; and other related issues (if applicable). 

Section 3. NOTARIAL DATABASE 

Article 55. Updating, operating and using notarial database

1. The collection, operation and use of information in the notarial database must comply with laws on protection of personal data, privacy, personal secrets, family secrets, the regulations of the Law on Notarization, and other related laws.

2. The regulations on managing, updating, operating, using, and sharing the notarial database of the Ministry of Justice or of administrative divisions as stipulated in clauses 2 and 3 of Article 66 of the Law on Notarization must specify the responsibilities of individuals, agencies and organizations involved in the updating of information, operation, use or sharing of the database, and the costs for the operation and use.

Article 56. Connecting, sharing and providing notarial information and data

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2. Notarial database of the Ministry of Justice shall be connected and shared with the national consolidated database, the national database on citizens, databases related to land, housing, taxes, and other relevant databases. The connection and sharing shall comply with the provisions of law on data and electronic transactions.

Article 57. Synchronizing local notarial databases with the notarial database of the Ministry of Justice

1. The Ministry of Justice shall provide guidance on the content of data and general technical requirements to facilitate the synchronization of local notary databases with the notary database of the Ministry of Justice.

2. The Provincial People's Committees shall direct the development and upgrading of local notary databases to include complete basic information in accordance with technical requirements as guided by the Ministry of Justice.

3. The data synchronization shall include the following contents:

a) Identify the mandatory data that must be synchronized, including: The information as stipulated in Clause 2, Article 66 of the Law on Notarization; the information of notarized documents and other notarial data in electronic form as prescribed by law may be referenced at the Notarial data reference portal.

b) Determine the synchronization time;

c) Identify the responsibility for synchronization.

4. The data synchronization process shall be as follows:

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b) Local notarial databases are automatically synchronized with the notarial database of the Ministry of Justice through technical connection standards;

c) Local notarial databases receive the returned results. 

Section 4. NOTARIAL RECORD STORAGE 

Article 58. Storage of notarial records for notarial practice organizations that have been dissolved or shut down

1. The negotiation or designation of a notarial practice organization to receive notarial records from a notarial practice organization that has been dissolved or shut down shall comply with the provisions of Clause 5, Article 68 of the Law on Notarization.

2. In the event that a notarial practice organization that has been dissolved or shut down with a substantial number of notarial records cannot negotiate or designate another notarial practice organization to receive them, the Department of Justice shall cooperate with the Notary Association in considering and granting permission for negotiation or designation of several notarial practice organizations to receive those notarial records. The notarial records being handed over must be listed in a specific catalog; the handover of the records must be documented in a minute with the presence of representatives from the Department of Justice and representatives from the local Notary Association.

3. The notarial practice organization that is dissolved or shut down must bear the costs of storing notarial records for the organization receiving those notarial records, according to the amount agreed upon by the parties; in case of disagreement, the Department of Justice shall cooperate with the Department of Finance in considering and making a decision.

4. In cases where a notarial practice organization is dissolved or shut down and is unable to cover the costs of storing notarial records, these costs shall be covered by the local budget. The Department of Justice shall take charge and cooperate with the Department of Finance in submitting a report to the provincial People's Committee for consideration and making a decision on these costs.

Article 59. Conversion of physical notarial records to electronic records

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2. Notarial records, after being converted into data messages, must ensure the accuracy of content in comparison with physical notarial records and must be verified by the notarial practice organization through a digital signature prior to storage; the storage duration shall comply accordance with the provisions in Clause 2, Article 68 of the Law on Notarization.

3. For the physical notarial records that have been converted into data messages for electronic storage, the storage duration stipulated in Clause 2, Article 68 of the Law on Notarization shall apply to physical notarized documents and other physical record components that are originals or certified copies; for physical record components that are not originals or certified copies, the storage duration shall be at least 5 years.

Article 60. Electronic notarial records

1. An electronic notarial record includes electronic notarized documents and other documents as prescribed in Clause 1, Article 67 of the Law on Notarization.

2. The electronic notarial record is numbered sequentially in accordance with the timeline related to the execution of electronic notarized documents.

3. The electronic notarial record must be synchronized to the notarization database in real-time to facilitate long-term storage, support inspection and supervision activities, and ensure interoperability with competent authorities, guaranteeing information security at level 3 or higher.

Article 61. Storage of electronic notarial records and verification of electronic notarized documents

1. The electronic notarial records are stored in the form of data messages.

2. The responsibility for storing electronic notarial records is implemented in accordance with the provisions of Article 68 of the Law on Notarization. In the case of online electronic notarization, the notarial practice organization where the transaction is initiated is responsible for storing the electronic notarial records, correcting technical errors, amending, supplementing, terminating or canceling the transaction and providing copies of the notarized documents and notarial records.

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Chapter VI

STATE MANAGEMENT OF NOTARIZATION 

Article 62. Responsibilities of the Ministry of Justice and relevant ministries and ministerial agencies

1. The Ministry of Justice is responsible to the Government for implementing state management of notarization across the country, with the following tasks and powers:

a) Issue or propose the issuance of legislative documents on notarization by competent state authorities;

b) Develop and propose the issuance of the Government’s strategies for development of notarization sectors;

c) Review, update and publish transactions that must be notarized or authenticated on the web portal of the Ministry of Justice;

d) Propagate and disseminate laws on notarization and Government’s strategies for development of notarization sectors;

dd) Appoint, reappoint and dismiss notaries;

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g) Approve the Charter of the Vietnam Notary Association after reaching agreement with the Ministry of Home Affairs; suspend the implementation and request amendments to resolutions, decisions, regulations, and codes of ethics for notarial practice issued by the Vietnam Notary Association that are contrary to the provisions of the Law on Notarization and relevant laws; undertake other state management tasks for the Vietnam Notary Association;

h) Examine and resolve complaints and denunciations, and handle violations related to notarial activities within their jurisdiction;

i) Manage and implement international cooperation regarding notarial activities;

k) Provide guidelines on data standards of local notarial databases; guidelines on the technical requirements of the electronic notarization platform.

l) Perform other tasks and powers as stipulated by the Law on Notarization, this Decree and related laws.

2. The Ministry of Foreign Affairs shall take charge and cooperate with the Ministry of Justice in guiding, inspecting, and resolving complaints and denunciations within its authority regarding the performance of notarization by diplomatic missions; organizing notary refresher training for diplomatic officials assigned to perform notarization; and annually submitting reports to the Ministry of Justice on the notarization activities of diplomatic missions. Diplomatic officials assigned to perform notarization as prescribed in Clause 1 and Clause 3 of Article 73 of the Law on Notarization shall follow notarization procedures as prescribed in Chapter V of this Decree.

3. The Ministry of Finance shall take charge and cooperate with the Ministry of Justice in providing regulations on collection, transfer/payment, management and use of notarial fees; fees for certifying copies from originals, certifying signatures on documents, certifying the signature of translators; fees for assessing the standards and conditions for practicing in cases of participating in examination of notarial apprenticeship results, as well as in cases of appointment and reappointment of notaries; fees for issuing and reissuing the registration certificate for notary offices; fees for issuing and reissuing notary's cards and for guiding the implementation of regulations on professional liability insurance for notaries in accordance with insurance business laws and this Decree.

4. The ministries and ministerial agencies, under their jurisdiction, are responsible for coordinating with the Ministry of Justice to implement state management of notarization.

Article 63. Responsibilities of the Provincial People’s Committees

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a) Implement, propagate and disseminate laws on notarization and strategies for development of notarization sectors;

b) Issue and implement schemes for management and development of notarial practice organizations in their divisions in accordance with the provisions of the Law on Notarization and the Government's strategies for development of notarization sectors; decide measures to support the establishment of notary offices in districts with difficult and particularly difficult socio-economic conditions, suitable for the actual situations in their divisions and relevant laws.

c) Decide the establishment of new notary bureaus in accordance with the Law on Notarization, ensuring the material foundations and other working conditions for the notary bureaus; decide the conversion and dissolution of notary bureaus in accordance with the Law on Notarization, this Decree, and relevant laws;

d) Decide the permission of establishment, or revocation of notary office establishment permissions; consolidation, merger, conversion, transfer of stakes, or sale of notary offices in accordance with the provisions of the Law on Notarization, this Decree, and relevant laws;

dd) Establish maximum pricing for on-demand services related to notarization in their divisions;

e) Consider and decide the transfer the authority to authenticate transactions to notarial practice organizations in district-level divisions where there is at least one notarial practice organization that has been established for two years or more and is operating stably and effectively at the time of the decision; the notarial practice organizations should be distributed reasonably to facilitate individuals and organizations in need of notarization in their divisions.

g) Perform state management of the local Notary Associations;

h) Inspect, examine and resolve complaints and denunciations, and handle violations of notarization within their jurisdiction;

i) Submit reports to the Ministry of Justice on the notarization in their divisions on an annual basis or as requested;

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l) Invest in the development of local notarial databases that meet the technical requirements and integrate and synchronize data regarding the notarial database of the Ministry of Justice in accordance with regulations in a comprehensive, accurate and timely manner.

m) Perform other tasks and powers as stipulated by the Law on Notarization, this Decree and related laws.

2. Departments of Justice are responsible for assisting the provincial People's Committees in implementing state management of notarization in their divisions, carrying out tasks and exercising powers as prescribed by the Law on Notarization, this Decree, and relevant laws.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 64. Amendments to and application of relevant laws

1. Amendments to Clause 4 Article 5 of Decree No. 23/2015/ND-CP dated February 16, 2015 of the Government on the issuance of copies from the master register, certification of copies from originals, authentication of signatures, and certification of contracts and transactions as follows:

"4. Notaries have the authority and responsibility for certifying the matters specified in points a, b, and c of Clause 1 of this Article, affixing countersigns and seals of notary bureaus, notary offices (hereinafter collectively referred to as “notarial practice organizations”).

2. The standards, conditions and the registration of specimen signatures of translation collaborators of notarial practice organizations shall comply with the provisions of Article 28 and Article 29 of Decree No. 23/2015/ND-CP dated February 16, 2015 of the Government.

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Article 65. Entry into force

1. This Decree comes into force from July 01, 2025.

2. This Decree shall replace Decree No. 29/2015/ND-CP dated March 15, 2015 of the Government of Vietnam providing detailed regulations and implementation guidance of certain Articles of the Law on Notarization.

Article 66. Transitional provisions

1. Notary offices established prior to the effective date of this Decree that do not have their own Charter must formulate a Charter in accordance with the provisions specified in point c, clause 1, Article 19 of this Decree. Within three months from the effective date of this Decree, each notary office shall submit a written notification enclosed with a copy of its Charter directly or via postal services or online by electronic means to the Department of Justice where it is registered. Within 10 working days from the receipt of a complete and valid dossier, the Department of Justice shall issue a written notification to the notary office regarding the completion of the obligation to establish the Charter; in the event that the Charter of the notary office does not contain sufficient contents as stipulated in point c, clause 1, Article 19 of this Decree, the Department of Justice shall issue a written request for the notary office to amend and supplement the Charter and submit it to the Department of Justice within 10 working days from the date of receiving the written request from the Department of Justice.

2. Notary bureaus and notary offices established prior to the effective date of this Decree that do not meet the eligibility requirements for headquarters stipulated in this Decree may continue to operate; in the event that these notary bureaus and notary offices change their headquarters address, they must meet the eligibility requirements for headquarters specified in Article 8 and Article 18 of this Decree.

3. After local governments were reorganized according to a two-level government model, district-level divisions specified in Clause 1 of Article 17, Point b and Point e of Clause 1 of Article 63 of this Decree shall be replaced by commune-level divisions that meets the criteria and conditions as prescribed by the Law on Notarization and related laws.

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