Nghị định 75/2000/NĐ-CP công chứng, chứng thực - The first knowledge sharing application in Vietnam

THE
GOVERNMENT
——-

SOCIALIST
REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———-

No:
75/2000/ND-CP

Hanoi,
December 08, 2000

DECREE

ON NOTARIZATION AND AUTHENTICATION

THE GOVERNMENT

Pursuant to the September 30, 1992 Law on Organization
of the Government;
Pursuant to the Civil Code of October 28, 1995;
To satisfy the increasing demand of individuals and organizations for
notarization and authentication, thus contributing to the social and economic
development of the country and at the same time, enhancing the State management
over the activities of notarization and authentication, continuing to reform
the administrative procedures in the field of notarization and authentication;
At the proposal of the Minister of Justice,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Objects of
regulation by the Decree

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Through their notarization and authentication
activities, the State agencies competent to give notarization or authentication
contribute to ensuring the legal safety in civil, economic, commercial and
other social relations, preventing law offenses and enhancing the socialist
legislation.

Article 2.- Notarization
and authentication

1. Notarization means the certification by the
Notary Public offices of the truthfulness of the contracts already entered or
other transactions already established in civil, economic, commercial and other
social relations (hereinafter called contracts, transactions) and its
performance of other tasks under the provisions of this Decree.

2. Authentication means the confirmation by the
district- or communal-level People’s Committees of the duplication or
photocopying of papers, contracts, transactions and signatures of individuals
in papers servicing the performance of their transactions according to the
provisions of this Decree.

Article 3.- Scope of
notarization and authentication of contracts, transactions

Contracts, transactions prescribed in Article 2
of this Decree shall be notarized or authenticated in the following cases:

1. The contracts, transactions, which must be
notarized or authenticated as stipulated by law;

2. The contracts, transactions, of which the
notarization or authentication is not required by law, but voluntarily
requested by individuals and/or organizations.

Article 4.- State
agencies competent to give notarization and/or authentication

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a) The Notary Public offices;

b) The district-level People’s Committees;

c) The communal-level People’s Committees.

2. The State agencies competent to give
notarization abroad shall be the diplomatic missions and the consulates of the
Socialist Republic of Vietnam in foreign countries (hereinafter called the
Vietnamese representations overseas).

Article 5.- Persons
performing the notarization or authentication

Persons performing the notarization or
authentication shall include:

1. The notaries of the Notary Public offices;

2. Persons authorized by the district-/communal-level
People’s Committees to perform the authentication according to the provisions
of this Decree;

3. Consular personnel of the Vietnamese
representations overseas.

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1. The notarization and authentication must
comply with the provisions of this Decree and other relevant legal documents.

2. Upon the notarization or authentication, the
performers thereof must be objective, honest and responsible for their notarization
or authentication; where they are aware or must be aware that the notarization
or authentication or the contents of notarization or authentication run counter
to laws and/or the social ethics, they must not perform the notarization or
authentication.

3. The notarization or authentication performers
must keep confidential the notarized, authenticated contents and information
relating to the notarization or authentication, except for cases prescribed in
Clause 4, Article 62 of this Decree.

Article 7.- Notarization
or authentication requesters

1. The notarization or authentication requesters
may be Vietnamese or foreign individuals and organizations.

Where the notarization or authentication
requesters are individuals, they must have the civil act capacity in conformity
with the law provisions; if they are organizations, the notarization or
authentication requesters must be the representatives at law or under
authorization of such organizations.

2. The notarization or authentication requesters
are entitled to request the State agencies competent to give notarization or
authentication to satisfy their lawful requests for notarization or
authentication; in case of denial, they may lodge complaints according to the
provisions in Chapter IX of this Decree.

3. The notarization or authentication requesters
must fully produce necessary papers related to the notarization or
authentication, and take responsibility for the legality of such papers; in
case of notarization, authentication of contracts or transactions, the
notarization or authentication requesters must also ensure their honesty in the
conclusion of contracts or establishment of transactions, without any
deception.

Article 8.- Witnesses

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The witnesses shall be designated by the requesters
of notarization or authentication; if they cannot appoint witnesses or in
urgent cases, the notarization or authentication performers shall appoint the
witnesses.

2. The witnesses must fully satisfy the
following conditions:

a) Being aged full 18 or over, not being persons
who have lost or are restricted in their civil act capacity;

b) Having no property rights, interests or
obligations related to the notarization or authentication.

Article 9.- Places of
notarization, authentication

1. The notarization or authentication shall be
performed at the offices of the State agencies competent to give notarization
or authentication, except for cases prescribed in Clause 2, Article 50 of this
Decree or otherwise prescribed by law.

2. The State agencies competent to give
notarization or authentication must arrange places to receive the notarization
or authentication requesters, which are convenient, civilized and tidy,
ensuring order and democracy.

3. Posted up at the offices of the State
agencies competent to give notarization or authentication must be the working
time-table, the regulation on citizen- reception, competence, procedures and
order for notarization or authentication and the fees therefor.

Article 10.- Time for
notarization or authentication

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Article 11.- Signing,
fingerprint pressing in notarization or authentication

1. The signing or fingerprint pressing by
notarization or authentication requesters must be carried out in front of the
notarization or authentication performers, except otherwise provided for by
law.

2. The signing or fingerprint pressing by the
witnesses must be carried out in front of the notarization or authentication
performers and requesters.

Article 12.- Language
used in notarization and authentication activities

The language used in notarization and
authentication activities shall be the Vietnamese, except for cases prescribed
in Clause 4, Article 25 and Article 49 of this Decree or otherwise prescribed
by law.

Where the notarization or authentication
requesters are not fluent in Vietnamese language, there must be interpreters.

Article 13.- Contents
of written certification

1. The contents of written certification must be
coherent and unequivocal, demonstrating the responsibility of the notarization
or authentication performers for the notarization or authentication.

2. The Ministry of Justice shall guides the
content forms of written certification for common notarization and
authentication.

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1. Contracts, transactions, copies of papers,
signatures of individuals in papers servicing the performance of transactions and
the translation of papers, which have been notarized by the Notary Public
offices according to the provisions of this Decree, shall be called the
notarized documents.

Contracts, transactions, copies of papers and
signatures of individuals in papers servicing the performance of transactions,
which have been authenticated by the district-/communal-level Peoples
Committees according to the provisions of this Decree shall be called the
authenticated documents.

2. The notarized or authenticated documents have
the evidencing value, except for cases where they are made neither according to
competence nor in compliance with the provisions of this Decree or where they
are declared invalid by courts.

3. The already notarized or authenticated
contracts have the implementation validity for the contracting parties; where
the obligors fail to fulfill their obligations, the other party may request the
competent State bodies to settle matters according to the provisions of law.

4. Where a notarization or authentication prescribed
by this Decree falls under the competence of various agencies, the documents
notarized or authenticated at any competent agency of those agencies shall have
the equal value.

Article 15.-
Application of international treaties

Where the international treaties which the
Socialist Republic of Vietnam has signed or acceded to contain provisions on
notarization and authentication different from the provisions of this Decree,
the provisions of such international treaties shall apply.

Article 16.- Notarization
and authentication fees and other expenses

1. The notarization and authentication
requesters shall have to pay fees for the notarization or authentication once
their requests are met.

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2. Where the notarization or authentication
requesters request the notarization or authentication agencies to make
contracts, transactions, translation, editing, typing, duplication,
photocopying and other relevant tasks, they shall also have to pay the expenses
for the performance of such tasks. The expense levels, the regime for
management and use of these expenses shall be prescribed by the Finance
Ministry and the Justice Ministry.

Chapter II

STATE MANAGEMENT OVER
NOTARIZATION AND AUTHENTICATION

Article 17.- The
Justice Ministry’s tasks and powers in exercising the State management over
notarization and authentication

The Justice Ministry shall assist the Government
in exercising the uniform management of the notarization and authentication
nationwide, having the following tasks and powers:

1. To compile and submit to competent agencies
for promulgation the legal documents on notarization and authentication; to
promulgate according its competence documents guiding the implementation of
such legal documents;

2. To guide and direct the organization and
activities of notarization and authentication;

3. To foster the professional operation of
notarization and authentication;

4. To issue and guide the uniform use of
notarization books, authentication books; to prescribe and guide the uniform
use of forms of contract, transaction, certification contents;

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6. To settle complaints, denunciations about
notarization and authentication according to competence;

7. Annually to sum up the situation and
statistical figures on notarization and authentication for report to the
Government;

8. To conduct international cooperation on
notarization and authentication;

9. To train in notarization profession; to
appoint, dismiss notaries; to grant notary cards; to publish yearbooks on
notaries; to apply information technology to notarization activities.

Article 18.- The
Foreign Ministry’s tasks and powers in exercising the State management over
notarization

The Foreign Ministry shall perform the State
management over notarization by Vietnamese representations overseas, having the
following tasks and powers:

1. To coordinate with the Justice Ministry in
directing, guiding, checking and inspecting the notarization by Vietnamese
representations overseas according to the law provisions on notarization;
organize professional fostering on notarization for consular personnel of the
Vietnamese representations abroad;

2. To settle complaints, denunciations about
notarization according to competence;

3. To sum up the situation and statistical figures
on notarization by Vietnamese representations overseas for sending them to the
Justice Ministry biannually and annually.

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1. The provincial-level People’s Committees
shall perform the State management over notarization and authentication in
their respective localities, having the following tasks and powers:

a) To direct the notarization and authentication
activities;

b) To settle complaints and denunciations about
notarization and authentication according to their competence;

c) To professionally foster authentication
personnel of the district-/communal- level People’s Committee; to guide, check
and inspect activities of the Notary Public offices and the
district-/communal-level People’s Committees;

d) To decide the establishment and dissolution
of the Notary Public offices; to decide regional competence for each Notary
Public office; to appoint, relieve from office or dismiss heads and
deputy-heads of Notary Public offices; determine the payroll for each Notary
Public office; to ensure working offices, facilities and other necessary
material foundations for the operation of the Notary Public offices;

e) To sum up the situation and statistical
figures on notarization and authentication in the localities for sending them
to the Justice Ministry biannually and annually.

2. The provincial/municipal Justice Services
shall assist the provincial-level People’s Committees in performing the tasks
and exercising the powers prescribed in Clause 1 of this Article.

Article 20.- The
district-level People’s Committees’ tasks and powers in exercising the State
management over authentication

1. The district-level People’s Committees shall
perform the State management over the authentication in their respective
localities, having the following tasks and powers:

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b) To check and inspect the authentication
activities of the Justice Sections and the People’s Committees of the communal
level;

c) To settle complaints and denunciations about
authentication according to competence;

d) To sum up the situation and statistical
figures on authentication for reporting them to the provincial/municipal
Justice Services biannually and annually.

2. The Justice Sections shall assist the
district-level People’s Committees performs the tasks and exercise the powers,
prescribed in Clause 1 of this Article.

Chapter III

NOTARIZATION AND
AUTHENTICATION COMPETENCE

Article 21.- The
notarization competence of the Notary Public offices

1. The following tasks shall only fall under the
competence of the Notary Public offices:

a) Notarizing contracts, transactions involving
foreign elements;

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c) Notarizing contracts, transactions related to
moveable assets valued at VND 50 million or more;

d) Notarizing the translation of papers from
foreign languages into Vietnamese or vice versa;

e) Notarizing signatures of foreigners, overseas
Vietnamese in papers servicing the performance of transactions at home and
abroad, signatures of Vietnamese citizens in papers servicing the performance
of transactions overseas;

f) Taking in custody testaments;

g) Other tasks prescribed by law.

2. The Notary Public offices may notarize things
under the authentication competence of the district-level People’s Committees,
prescribed in Article 22 of this Decree, except for contracts and transactions
related to real estate which fall under the regional competence of the
district-level People’s Committees, prescribed in Clause 2, Article 23 of this
Decree.

The Notary Public offices may notarize all
things under the authentication competence of the communal-level People’s
Committees prescribed in Article 24 of this Decree.

Article 22.- The
authentication competence of the district-level People’s Committees

1. The district-level People’s Committees have
competence to perform the following:

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b) Authenticating signatures of Vietnamese
citizens in papers servicing the performance of civil transactions in the
country;

c) Authenticating contracts, transactions
related to real estates according to regional competence prescribed in Clause
2, Article 23 of this Decree;

d) Authenticating contracts, transactions
related to moveable assets valued at under VND 50 million;

e) Authenticating written agreements on division
of estate, written claims of estate;

f) Other things prescribed by law.

2. The presidents of the district-level People’s
Committees shall authorize heads of the district Justice Sections to perform
the authentication prescribed in Clause 1 of this Article. The heads of the
Justice Sections shall have to register their signatures at the provincial/municipal
Justice Services. Each Justice Section must be staffed with full-time judiciary
officials to assist the Section’s head in performing the authentication; the
full-time judiciary officials must have the degree of law bachelor and already
been fostered in authentication operation.

Article 23.- The
regional competence of the Notary Public offices and the district-level
People’s Committees in notarizing and authenticating contracts, transactions
related to real estates

1. The presidents of the provincial-level
People’s Committees shall decide the regional competence to notarize and
authenticate contracts and transactions related to real estates in their
respective localities for each Notary Public office. “Region” means one
or several urban districts, rural districts, provincial capitals or cities.

2. The People’s Committees of rural districts,
urban districts, provincial towns shall authenticate contracts and transactions
related to real estates in the region of their respective rural districts,
urban districts, provincial capitals, which do not fall under the regional
competence of the Notary Public offices prescribed in Clause 1 of this Article.

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Article 24.- The
authentication competence of the communal-level People’s Committees

1. The communal-level People’s Committees have
competence to perform the following:

a) Authenticating signatures of Vietnamese
citizens in papers servicing the performance of civil transactions in the
country;

b) Authenticating testaments, written refusals
to receive estates;

c) Other jobs prescribed by law.

2. The presidents or vice-presidents of the
communal-level People’s Committees in charge of judiciary affairs shall perform
the authentication prescribed in Clause 1 of this Article and have to register
their signatures at the provincial/municipal Justice Services. The
communal-level judiciary officials shall assist the presidents or
vice-presidents of the communal-level People’s Committees in performing the
authentication; the communal-level judiciary officials must fully meet the
criteria prescribed in Article 13 of Decree No.83/1998/ND-CP of October 10,
1998 of the Government on civil status registration and be fostered in the
authentication operation.

Article 25.- The
notarization competence of Vietnamese representations overseas

1. The Vietnamese representations overseas shall
have the competence to notarize things prescribed in Article 21 of this Decree
and other things according to the provisions of the Consular Ordinance, except
for the conclusion of contracts for sale and purchase, presentation and
donation, exchange or pledge of real estates in Vietnam.

2. In countries or regions where exist great
demands for notarization, the Foreign Ministry shall have the responsibility to
nominate consular personnel with law bachelor degree and notarization training
to take specialized charge of the notarization at Vietnamese representations
overseas and notify the Justice Ministry thereof.

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4. For the notarization performed by Vietnamese
representations overseas for use abroad, the notarized documents can be made in
other languages.

Chapter IV

NOTARY PUBLIC OFFICES,
NOTARIES

Article 26.- The Notary
Public offices

1. The Notary Public offices are placed under
the management of the directors of the provincial/municipal Justice Services,
have the legal person status, own offices, own accounts and seals according to
the law provisions on seals. In the provinces and centrally- run cities where
exist great demands for notarization, several Notary Public offices shall be
set up and ordinally numbered.

2. A Notary Public office is consisted of the
head, the deputy head, notaries, experts and other personnel. It must have at
least three notaries. The head and deputy-head must be notaries.

Article 27.- Setting up
Notary Public offices

1. To satisfy the local demands for
notarization, the directors of the provincial/municipal Justice Services shall
elaborate plans to set up new Notary Public offices and report them to the
presidents of the provincial-level People’s Committees for consideration and
decision. Such a plan must clearly states the reasons for setting up the Notary
Public office; the regional competence of the Notary Public office in
notarizing contracts, transactions related to real estates; its organization,
payroll and personnel; its projected notaries and head; location for
headquarter, material foundations, working facilities for the operation of the
Notary Public office. The establishment of Notary Public offices shall be
carried out only after it is approved by the Justice Minister.

2. Within 30 days after the provincial-level
People’s Committees issue decisions to set up the Notary Public offices, the
provincial/municipal Justice Services must publish on local newspapers for
three consecutive issues the following principal contents:

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b) Names and addresses of the offices of the
Notary Public offices;

c) The notarization competence of the Notary
Public offices.

Article 28.- Heads of
the Notary Public offices

1. The heads of the Notary Public offices shall
administer and take responsibility for all activities of their offices, having
the following tasks and powers:

a) To elaborate and direct the implementation of
the work plans of their offices, run day-to-day affairs of their offices,
assign tasks to notaries and other staff members;

b) To act as the owners of the Notary Public
offices’ accounts; represent the offices in relations with other agencies and
organizations;

c) To direct and inspect the professional
activities of notaries;

d) To propose the directors of the
provincial/municipal Justice Services to appoint, transfer, dispatch or dismiss
notaries, to suspend the performance of notarization by the notaries;

e) To propose the payroll, recruitment;

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g) To biannually and annually report on their
offices’ work to the Justice Ministry, the provincial-level Peoples Committees
and the directors of the provincial/municipal Justice Services.

The deputy-heads of the Notary Public offices
are the assistants to the heads of the offices in administering the activities
of the offices and act on the heads’ behalf when the heads are absent.

2. The heads and deputy-heads of the Notary
Public offices shall be appointed, dismissed or discharged from office by the
presidents of the provincial-level People’s Committees at the proposals of the
directors of the provincial/municipal Justice Services, after the Justice
Minister gives his/her approving opinion in writing; the heads and deputy-heads
of the Notary Public offices must have the seniority of working as notaries for
two years or more.

The heads and deputy-heads of the Notary Public
offices perform the notarization in their capacity as notaries and must not
concurrently take up other managerial posts on the part-time basis.

Article 29.- Notaries

1. Notaries are public employees and appointed
by the Justice Minister; the notaries must work on the full-time basis and not
concurrently take up other jobs.

2. Notaries are salaried commensurately to their
professional responsibilities. The Government stipulates the wage regime for
the notaries.

Article 30.- Conditions
and criteria for appointment of notaries

1. Persons who fully meet the following
conditions and criteria shall be considered, appointed to be notaries:

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b) Having the law bachelor diploma and
certificate of graduation from notarization training courses;

c) Having good ethic qualifications;

d) Having involved in legal activities for five
consecutive years or more after obtaining the law bachelor diploma; for persons
having a duration of 5 years or more involving in legal activities before
obtaining the law bachelor diploma, the duration of working in the legal field
after getting the law bachelor diploma shall be at least two years in a row.

2. The following persons must not be nominated
to be notaries:

a) Persons who have lost or are restricted in
their civil act capacity;

b) Persons who are being examined for penal
liability; not entitled to criminal record remission;

c) Persons who are being placed under the
administrative probation.

Article 31.- Procedures
for appointment of notaries

1. Based on the working requirements and
conditions as well as the criteria for appointment of notaries prescribed in
Article 30 of this Decree, the directors of the provincial/municipal Justice
Services shall propose the Justice Minister to appoint notaries.

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a) The written proposal made by the director of
the provincial/municipal Justice Service according to set form;

b) The written proposal made by the head of the
Notary Public office;

c) The copies of the law bachelor diploma and of
the certificate of graduation from notarization training course;

d) The curriculum vitae affixed with photo, made
according to set form prescribed for public employees;

e) The health certificate issued by the medical
establishment of the provincial or higher level;

f) Two color photos of 3×4 cm size.

3. The appointed notaries shall be granted the
notary’s cards for use while performing their duties.

Article 32.- Secondment
of notaries

1. The seconding of notaries shall be made in
the following cases:

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b) Upon the demand for promotion of the
notarization operation of the Notary Public office where the notaries are
seconded to;

c) To settle the state of notarization overload
at the Notary Public offices where the notaries are temporarily seconded to at
given time.

2. The secondment of notaries shall be effected
only within provinces or centrally-run cities and for not more than three
years.

3. The temporary transfer of notaries from one
Notary Public office to another shall be decided by the directors of the
provincial/municipal Justice Services at the proposals of the heads of the
concerned Notary Public offices and such decisions shall be addressed to the
provincial-level People’s Committees and the Justice Ministry.

Article 33.- Removal of
notaries

1. The removal of notaries shall be carried out
in the following cases:

a) Upon the demand for professional operations
or for notaries to be appointed heads, deputy-heads of other Notary Public
offices;

b) Upon the aspiration of the notaries.

2. The removal of notaries from one Notary
Public office to another within a province or centrally-run city shall be
decided by the directors of the provincial/municipal Justice Services at the
proposals of the heads of the concerned Notary Public offices and such
decisions shall be addressed to the provincial-level People’s Committees and
the Justice Ministry.

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4. Upon the removal of notaries, the procedures
for relief from office and re-appointment are not required.

Article 34.- Suspension
of the performance of notarization by notaries

1. The suspension of performance of notarization
by notaries shall be effected in the following cases:

a) There is a decision to prosecute the
defendant;

b) There appear clear signs of civil act
capacity loss or restriction;

c) The notaries commit acts of violation and are
being examined by competent bodies for discipline in one of the disciplinary
forms prescribed at Point c, Clause 1, Article 35 of this Decree.

2. The suspension of performance of notarization
by notaries shall be decided by directors of the provincial/municipal Justice
Services at the proposals of the heads of the Notary Public offices.

The suspension of the performance of
notarization by heads, deputy-heads of the Notary Public offices shall be
decided by presidents of the provincial-level People’s Committees at the
proposals of the directors of the provincial/municipal Justice Services.

3. The decisions to suspend the performance of
notarization shall be annulled when the grounds prescribed in Clause 1 of this
Article no longer exist.

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Article 35.- Relieving
notaries from office

1. The notaries shall be relieved from office in
the following cases:

a) According to requirement of transfer to other
job;

b) Upon the aspiration of the notaries;

c) They are subject to warning for the second
time, discharged from jobs or transferred to other jobs; fall in one of the
cases prescribed in Clause 2, Article 30 of this Decree.

2. The dossier proposing the release of notaries
from office in cases provided for at Points a and b, Clause 1 of this Article,
shall include: The notary’s application therefor and the written proposal made
by the director of the concerned provincial/municipal Justice Service, attached
with the proposal of the head of the concerned Notary Public office.

The dossier proposing the release of notaries
from office in cases provided for at Point c, Clause 1 of this Article shall
include: The written proposal made by the director of the concerned
provincial/municipal Justice Service at the proposal of the head of the Notary Public
office, except for case of relieving the head of the Notary Public office
him-/herself, and relevant papers, which shall serve as basis for proposing the
release from office.

Article 36.-
Dissolution of Notary Public offices

1. Where the notarization demand reduces for two
consecutive years or the prescribed number of notaries is not enough for one
year, the directors of the provincial/municipal Justice Services shall draw up
plans on the dissolution of the Notary Public offices and report them to the
presidents of the provincial-level People’s Committees for consideration and
decision. Such a plan must clearly states the reasons for dissolution, the
scheme of personnel arrangement after the dissolution, the financial
settlement, liquidation, settlement of consequences and handling of assets. The
dissolution of Notary Public offices shall be effected after it is approved by
the Justice Minister.

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Chapter V

TASKS, POWERS OF
NOTARIZATION OR AUTHENTICATION PERFORMERS

Article 37.- Tasks of
notarization or authentication performers

The notarization or authentication performers
shall have the following tasks:

1. To perform the notarization or
authentication, which falls under the notarization or authentication competence
of their respective agencies;

2. To receive and examine papers produced by
notarization or authentication requesters; to provide guidance on notarization
or authentication procedures and orders for notarization or authentication
requesters, if necessary;

3. To explain to notarization or authentication
requesters their rights, obligations and legitimate interests, the significance
and legal consequences of the notarization or authentication;

4. To perform other tasks as prescribed by this
Decree.

Article 38.- Powers of
notarization or authentication performers

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1. To request the notarization or authentication
requesters to produce all papers necessary for the performance of notarization
or authentication;

2. To request concerned State bodies, organizations
to supply information necessary for the performance of notarization or
authentication; the State bodies, organizations, which receive the request
shall have to promptly supply such information;

3. To request the professional agencies to perform
expertise or provide consultancy when deeming it necessary; the expenses for
expertise of papers shall be paid by the notarization or authentication
requesters when there is the expertise conclusion that such papers are fake;

4. To make record on temporary seizure of papers
which show signs of forgery; to coordinate with the competent State bodies in
handling cases of using fake papers and taking measures against the
notarization or authentication requesters who commit acts of law offense;

5. To refuse the notarization or authentication
in the following cases:

a) Cases prescribed in Article 39 of this
Decree;

b) Things which do not fall under their
notarization or authentication competence;

c) There are written requests of competent State
bodies for suspension of the notarization or authentication;

d) Things related to the notarization or
authentication request are being in dispute;

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In case of refusal, the notarization or
authentication performers shall have to explain the reasons therefor to the
notarization or authentication requesters; if things to be notarized or
authenticated do not fall under the competence of their agencies, they shall
have to provide guidance for the latter to go to other agencies with such
competence.

Article 39.- Case of
non-performance of notarization or authentication

The notarization or authentication performers
shall not perform the notarization or authentication in the following cases:

1. Where they know or must know that the
notarization or authentication or the contents thereof are contrary to law
and/or social ethics;

2. Where the notarization or authentication
relates to the property or interests of their own or their next of kin being
wives or husbands; fathers, mothers, or fathers or mothers in law, or adoptive
fathers or mothers; offspring, adopted children, daughters in law, sons in law;
paternal or maternal grandparents; siblings, brothers or sisters in law,
adopted brothers or sisters; grandchildren being children of their sons, daughters
or adopted children.

Chapter VI

NOTARIZATION AND
AUTHENTICATION OF CONTRACTS, TRANSACTIONS

Article 40.- Scope of
application

1. The provisions on notarization and
authentication of contracts in Section I of this Chapter shall apply to the
notarization or authentication of all contracts or transactions to be notarized
or authenticated under the provisions of this Decree.

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SECTION I. GENERAL
PROVISIONS

Article 41.- Procedures
and time limits for notarization or authentication of ready-made contracts

1. The notarization or authentication requesters
shall have to inscribe the notarization or authentication requesting tickets
according to set form, produce personal papers and necessary papers for the
performance of notarization or authentication. Where the contracts relate to
assets whose ownership or use rights must be registered as stipulated by law,
the notarization or authentication requesters must have all papers to prove the
rights to own or use such assets, except for cases prescribed in Clause 2,
Article 50 of this Decree.

The State bodies with the notarization or
authentication competence shall receive and check the papers produced by the
notarization or authentication requesters, process and record them in books if
the papers are valid and complete; where they can not satisfy a notarization or
authentication request within the day, they shall issue an appointment ticket
to the notarization or authentication requester.

2. The notarization or authentication time
limits shall not exceed 3 working days for simple contracts, 10 working days
for complicated contracts and 30 working days for especially complicated contracts,
after they are received and processed.

3. The notarization or authentication performers
shall determine the civil act capacity of the notarization or authentication
requesters and perform the notarization or authentication if deeming that the
contents of the contracts already prepared are not contrary to law and/or
social ethics.

Where the contents of contract are contrary to
law and/or social ethics or fail to meet the requirements, the contracts must
be amended, supplemented; if the notarization or authentication requesters
disagree with such amendments and/ or supplements, the notarization or
authentication shall not be given.

4. Where the contracts are amended and/or
supplemented according to the provisions in paragraph 2, Clause 3 of this Article,
before signing them, the notarization or authentication requesters must re-read
the contracts by themselves or listen to the notarization or authentication
performers read for them. If they agree with the entire contents inscribed in
the contracts, they shall initial in each page of the contracts, except for the
last page which must be fully signed; then the notarization or authentication
performers shall certify or authenticate and initial in each page of the
contracts, except for the last page which must be signed in full and affix
seals on the contracts.

Article 42.- Notarizing
or authenticating contracts prepared by notarization or authentication
performers at the request of the notarization or authentication requesters or
according to set forms

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The notarization or authentication requesters
declare the contents of the contracts before the notarization or authentication
performers. The notarization or authentication performers shall write down all
the contents declared by the notarization or authentication requesters; if the
declared contents are not contrary to law and/ or social ethics, they shall
compile the contracts.

2. The universal civil contracts and common
contracts in the economic and commercial fields must be made according to set
forms when they are notarized or authenticated.

The Justice Ministry shall stipulate and guide
the use of contract forms.

3. Clauses 1, 2 and 4 of Article 41 of this
Decree shall be also applied similarly to cases where the contracts are
compiled by the notarization or authentication performers or made according to
set forms.

Article 43.- Contents
of notarization or authentication

Written certification by notarization or
authentication performers must clearly state: the time of conclusion of
contracts, the place of notarization or authentication, the civil act capacity,
the signatures of the parties and the contents agreed upon by the parties,
except for cases prescribed in Article 49 of this Decree.

Article 44.- Notarizing
or authenticating amendment, supplement or cancellation of contracts

1. For contracts already notarized or
authenticated, the partial or complete amendment or supplement of such
contracts must also be notarized or authenticated and such notarization or
authentication can be performed at any State agency with the notarization or
authentication competence, except for cases prescribed in Article 23 of this
Decree.

2. This provision also applies to contract
cancellation if the contractual parties request the notarization or
authentication of such contract cancellation.

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At the request of the contractual parties, the
notarization or authentication performers may correct technical errors in the
already notarized or authenticated contracts which have not yet performed,
provided that such correction shall not affect the rights and obligations of
the contractual parties. The correction of technical errors shall be made by
way that the notarization or authentication performers write the correction on
the edge, then affix their signatures and seal thereto.

SECTION II. SPECIFIC
PROVISIONS ON NOTARIZATION OR AUTHENTICATION OF A NUMBER OF CONTRACTS,
TRANSACTIONS

Article 46.- Notarization
or authentication of contracts on purchase and sale of houses under joint
ownership or being leased

1. For the request to notarize or authenticate
contracts on purchase or sale of houses under joint ownership, the notarization
or authentication requesters shall also have to submit the written consents of
other owners of the common ownership; in cases where the house is under the
common ownership by integration or where a part of the house under the joint
ownership by shares, the other co-owners’ written refusals to buy such part or
the papers showing the expiry of the law-prescribed time limits as from the
date the co-owners receive the sale notices and conditions, but no co-owners
buy it.

2. In case of notarizing or authenticating
contracts on purchase or sale of houses being leased, the notarization or
authentication requesters shall also have to submit the tenants’ written
refusals to buy the houses or papers showing the expiry of the law-prescribed
time limits as from the date the tenants receive the sale notices and
conditions but fail to make any reply.

3. The provision in Clause 1 of this Article
shall also apply to the purchase and sale of houses to be used for other
purposes and other construction works.

Article 47.-
Notarization or authentication of contracts on property mortgage

For already notarized or authenticated contracts
on property mortgage under which the mortgaged property continue to be
mortgaged as the security for the performance of other obligations, the
contracts on further mortgage must be notarized or authenticated at the
agencies where the first notarization or authentication was effected.

Article 48.-
Notarization or authentication of contracts on authorization, letters of
authorization

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Where the authorizer and the authorized cannot
together go to a State agency with the notarization or authentication
competence, the authorizer shall request the State agencies with the
notarization or authentication competence in the places of their permanent or
temporary residence to notarize or authenticate the authorization contracts;
the authorized shall request the State agency with the notarization or
authentication competence in the places of their permanent or temporary
residence to write the additional notarization or authentication on the
originals of such authorization contracts and complete the procedures for
notarization or authentication of the authorization contracts.

2. The authorization which does not fall in
cases prescribed in Clause 1 of this Article must not be made in authorization
contracts but can be made in authorization letters which only need to be signed
by the authorizers.

Article 49.-
Notarization of contracts made in foreign languages

1. For contracts made simultaneously in both
Vietnamese and foreign languages, the notarization of the contracts made in Vietnamese
shall comply with the general provisions on contract notarization.

For the notarization of written contracts made
in foreign languages, the notaries may not notarize the contents of the
parties’ agreement; this must be clearly inscribed in the written
certification.

The notarization requesters must take
responsibility for the accuracy and compatibility of the written contracts made
in foreign languages with the written contracts made in Vietnamese.

2. For contracts which are made only in foreign
languages, the translation thereof must be attached thereto; the notarization
of such contracts shall comply with the provisions in Paragraph 2, Clause 1 of
this Article.

Article 50.-
Notarization and authentication of testaments

1. The testators must themselves request the
notarization or authentication of their testaments; the testaments shall not be
notarized or authenticated through other persons.

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3. The notarization or authentication performers
must determine the mental state of the testators.

If doubting that the testators suffer from
mental disease or other illnesses which render them unable to realize and
control their acts or if deeming that the testament has been made with signs of
deception, intimidation or coercion, the notarization or authentication
performers shall neither notarize nor authenticate such testaments.

4. The notarization or authentication of
testaments related to real estate may be effected at any State agency having
the notarization or authentication competence.

5. The amendment, supplement, replacement or
cancellation of part or the entire of a testament may be notarized or
authenticated at any State agency having the notarization or authentication
competence.

Article 51.-
Undertaking to keep testaments

1. The testators may request the Notary Public
offices to keep their testaments. When undertaking to keep testaments, the
notaries must seal the testaments before the testators, write and hand the
receipt of custody to the testators.

For testaments already kept by the Notary Public
offices, in principle, the amendment, supplement, replacement or cancellation
of such testaments must be effected at the Notary Public offices where the
testaments are being kept; in special cases for objective reasons, such can be
effected at other Notary Public offices or other agencies having the
notarization or authentication competence; these Notary Public offices or
agencies must send an original thereof to the Notary Public offices where the
testament are being kept for the first time.

2. The announcement of testaments kept at the
Notary Public offices shall comply with the provisions of the Civil Code, when
the notaries are aware of the death of the testators or when the persons
relating to the contents of the testament so request. The announcement of
testament must be made in written records.

Article 52.-
Notarization and authentication of written agreements on division of estates.

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In the written agreements on division of
estates, heirs may concede their entire rights to the estates to other heirs.

2. Persons requesting the notarization or
authentication must produce the testaments and papers evidencing the property
ownership or use rights of the persons who left the estate, for property whose
ownership or use rights must be registered as provided for by law.

The notarization or authentication requesters
shall also have to produce papers evidencing the relations between the estate
bequeathers and heirs according to the law provisions on inheritance,
guaranteeing that no heirs at law are left out, except for cases where other
heirs at law can not be identified.

3. The notarization or authentication performers
shall have to conduct the inspection in order to ensure that the estate
bequeathers are truly the persons with the rights to own or use such estate and
that the notarization or authentication requesters are true heirs; if deeming
unclear or doubtful, they must by themselves or request other agencies or
organizations to make verification. The notarization or authentication
performers must post up the agreements on division of estate at the places
where the estate bequeathers reside or temporarily reside for a given time
limits or where exist the real estate of the bequeathers within 30 days

4. The notarized or authenticated agreements on
division of estate shall serve as basis for competent State agencies to
register the transfer of property ownership or use rights to heirs.

Article 53.-
Notarization or authentication of written declaration and claim of estate

1. The only heirs at law to estates may request
the notarization or authentication of their written declaration and claims of
estate.

2. The provisions in Clauses 2, 3 and 4 of
Article 52 of this Decree shall apply similarly to the notarization or
authentication of written declarations and claims of estate.

Article 54.- Notarization
and authentication of written refusals to take estate

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2. The notarization or authentication of written
refusals to take estate may be effected at any State agency with notarization
or authentication competence.

Chapter VII

NOTARIZATION,
AUTHENTICATION OF COPIES OF PAPERS, INDIVIDUALS’ SIGNATURES AND NOTARIZATION OF
TRANSLATIONS OF PAPERS

Article 55.-
Notarization and authentication of copies of papers

1. The notarization and authentication of copies
of papers shall be made only from the originals; the copies may be duplicate,
print, typing, computer typing but must contain full and accurate contents like
the originals.

2. Copies of documents and papers must not be notarized
and/or authenticated in the following cases:

a) The notarization or authentication performers
know or must know that the originals are granted ultra vires or invalid; the
originals are fake;

b) Documents and/or papers were erased,
modified, had their contents added or cut or were so damaged, torn and ragged
that their contents cannot be identified;

c) Documents and/or papers classified by State
agencies, political organizations, socio-political mass organizations, social
organizations, socio-professional organizations, economic organizations;
documents and/or papers not for publication on mass media;

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e) Papers which must not be copied under the
legal documents promulgated by the National Assembly, the National Assembly
Standing Committee, the State President, the Government and the Prime Minister.

3. The notarization and authentication of copies
of papers shall be effected within the day; where there is a request to
notarize or authenticate copies of papers in great quantity, the notarization
or authentication can be effected later under the appointment.

4. The notarization and authentication
performers must check the originals and make the notarization or authentication
if deeming it compatible; where the notarization or authentication requesters
have their own copies, the comparison and examination of the contents copied
from the originals must be made; if detecting any sign of forgery, the papers
must be sent to the agencies or organizations which have issued such originals
or to expertizers for verification. Each page of the copied documents must be
stamped with word “COPY” on the blank place on the right.

5. When receiving copies of papers, which were
already authenticated by the district-level People’s Committees, agencies or
organizations must not demand the involved persons to submit the copies of
papers notarized by the Notary Public offices.

Article 56.-
Notarization or authentication of individuals’ signatures

1. Individuals who request notarization or
authentication of their signatures in papers in service of transaction shall
have to take responsibility for the contents of the papers and sign them in
front of the notarization or authentication performers. After determining that
such persons are true to their personal papers, transaction papers and their
requests are not contrary to law and/or social ethics, the notarization or
authentication of their signatures shall be effected.

2. The notarization or authentication of
signatures shall be effected within the day.

3. Where the notarization or authentication
requesters are unable to sign, the notarization or authentication of signatures
shall be replaced by the notarization or authentication of the fingerprint
pressing.

Article 57.-
Notarization of translations of papers

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2. The Notary Public offices receive the
originals and hand them to the translators for translation. The translators
must sign and take responsibility for the accuracy and compatibility of the
translation, the notaries shall notarize the translators’ signatures on such
translations. Each page of the translation must be stamped with word
“TRANSLATION” in the blank places on the right. The translation must
be attached with the copies of the originals and stamped on overlapping pages.

The notarization requesters may themselves
translate their papers and take responsibility for the accuracy and
compatibility of the translation. Where necessary, the translation must be
edited. The collaborators shall make the editing, sign and take responsibility
for the accuracy and compatibility of the edited translation.

Where notaries are qualified and recognized as
translators under the provisions in Clause 1 of this Article, such notaries may
personally translate the papers and notarize their translation.

3. The notarization of the translation of papers
shall be made immediately after the translators complete the translation. In
principle, the translation must be done within a working day, except where the translation
contains many pages or complicated contents, the time limit for translation
shall not exceed 5 working days; for special cases, the above time limit may be
prolonged but shall not exceed 15 working days.

4. The translations of papers must not be
notarized in the following cases:

a) The notaries know or must know that the
originals are issued ultra vires, or invalid; the originals are fake;

b) The papers were erased, modified, have
contents added or cut, or were so damaged, torn or ragged that their contents
cannot be clearly determined;

c) The papers are classified by State agencies,
mass organizations, social organizations and economic organization; papers
banned from publication on the mass media.

Chapter VIII

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Article 58.-
Inscription in written notarization or authentication of contracts,
transactions

1. Inscription in written notarization or
authentication of contracts, transactions must be readable and expressed with
durable inks on high-quality papers so as to ensure long-term archive. The
inscription may be hand-written, typed or computer-typed; must not be written
in abbreviations or signs, in between lines, over lines, with blank spaces left
except for new lines; in case of corrections or additions, such shall be made
by way that the notarization or authentication performers shall inscribe the
corrections or additions by the margins, affix their signatures and stamps
thereto.

2. The time of notarization and authentication
must be inscribed with day, month and year in numerals and words; hours and
minutes may be inscribed if the notarization or authentication requestors so
request or the notarization or authentication performers deem it necessary.

3. The figures related to money must be
inscribed in both numerals and letters.

Article 59.- Inscribing
pages and sheets of the written notarization or authentication of contracts,
transactions

For written notarization or authentication of contracts
or transactions with two pages or more, each page must be ordinally numbered,
initialed by the notarization or authentication requesters and performers,
except for the last page, which must be fully signed; the number of pages must
be inscribed at the end of the documents; written notarization or
authentication with two or more pages must be affixed with page-overlapping
stamp, with 10 or more pages must also be perforated for binding and sealing.

Article 60.-
Notarization dossiers, authentication dossiers

1. The notarization dossier, authentication
dossier shall include: The ticket requesting the notarization or
authentication; the original of the document to be notarized or authenticated,
together with the copies of papers already produced by the notarization or
authentication requesters, verification papers and other relevant papers, if
any.

2. Each dossier must be numbered according to
the temporal order compatible with the inscription in the notarization,
authentication books, ensuring easy consultation.

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1. Each notarization or authentication must be
inscribed in books under the guidance of the Justice Ministry.

2. The books of a Notary Public office shall
include: The book for notarization of contracts, transactions, the book for
notarization of copies of papers; the book for notarization of the translations
of papers and the book for notarization of signatures.

The books of the district-level People’s
Committee shall include the book for authentication of copies of papers, the
book for authentication of signatures and the book for authentication of
contracts, transactions.

The books of the communal-level People’s
Committee shall include the book for authentication of signatures and the book
for authentication of testaments, written refusals to take estate.

3. In cases where other notarizations or
authentications arise as provided for at Point g, Clause 1, Article 21; Point
f, Clause 1, Article 22 and Point c, Clause 1, Article 24 of this Decree, the
Justice Ministry shall guide the book entry.

Article 62.- Archival
regime

1. Notarization dossiers, authentication
dossiers, notarization books and authentication books must be strictly
preserved and archived for a long time at the State agencies with notarization
or authentication competence, except for cases prescribed in Clause 3 of this
Article.

Apart from archiving the notarization dossiers
or authentication dossiers, the State agencies with notarization or
authentication competence should put the notarization or authentication of
contracts and/or transactions into computers.

2. The State agencies with notarization or
authentication competence must apply measures to ensure safety against fires,
moistures, termites, moths for notarization dossiers and books as well as
authentication books.

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4. Where competent State agencies request in
writing the supply of notarization dossiers or authentication dossiers in
service of examination, inspection, investigation, prosecution or adjudication
related to matters already notarized or authenticated, the State agencies with
the notarization or authentication competence shall have so supply copies of
the notarized documents or authenticated documents and other relevant papers.
The comparison between the copies of the notarized documents or authenticated
documents and the originals shall be effected only at the offices of the State
agencies with the notarization or authentication competence where the dossiers
are kept.

Article 63.-
Destruction of dossiers on copies, dossiers on translation of papers

1. The dossiers on copies, the dossiers on
translation of papers, upon their expiry, shall be destroyed periodically once
a year at the year-end; where the dossiers are in great volume, an additional
destruction may be carried out in the middle of the year. For the destruction
of dossiers on copies, dossiers on translation of papers, there must be the
destruction council.

2. The council for destruction of dossiers on
copies at the district-level People’s Committee shall be composed of the head
or deputy-head of the Justice Section, the notary in charge of the archive of the
district-level People’s Committee, the representative of the provincial-level
archive office and the representative of the provincial/municipal Justice
Service, as its members; the president or vice-president of the district-level
People’s Committee as the council chairman. The president of the district-level
People’s Committee shall issue the decision on setting up the council.

The council for destruction of dossiers on
copies, dossiers on translation of papers at the Notary Public office shall be
composed of the head or deputy- head of the Notary Public office, the notary in
charge of archive at the Notary Public office, head of the office of the
provincial/municipal Justice Service and the representative of the
provincial-level archive office, as its members; the director or
deputy-director of the provincial/municipal Justice Service as the council
chairman. The director of the provincial/municipal Justice Service shall issue
decision on setting up the council.

3. The destruction of copy dossiers, paper-translation
dossiers must be made in written records signed by all members of the council
and comply with the law provisions on archive; the records must clearly
inscribe the destruction of dossiers from which serial number to which serial
number, in which book.

Chapter IX

SETTLEMENT OF COMPLAINTS
AND DENUNCIATIONS, COMMENDATION AND HANDLING OF VIOLATIONS

Article 64.- The
notarization or authentication requesters rights to complain

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Article 65.- Competence
and time limits for settling complaints by the communal-level Peoples
Committees

1. The presidents of the communal-level People’s
Committees shall settle first-time complaints about refusal of authentication
which falls under the competence of the communal-level People’s Committees,
within 5 working days after the receipt of the complaints for settlement.

2. If the authentication requesters disagree
with the settlement of complaints by the communal-level People’s Committee
presidents, they may further complain to the district-level People’s Committee
presidents. In case of further complaints, the authentication requesters must
forward their applications enclosed with the copies of the complaint-settling
decisions of the communal-level People’s Committee presidents and relevant
documents ( if any) to the district-level People’s Committee presidents.

Within 10 working days after the receipt of
application for settlement of further complaints, the district-level People’s
Committee presidents shall have to settle them and notify such in writing to
the complainants and the communal-level People’s Committee presidents who
previously settled the complaints.

3. If the authentication requesters disagree
with the complaint settlement by the district-level People’s Committee
presidents, they may further complain to the provincial-level People’s
Committee presidents. For this case, the complainants shall have to file their
applications together with the copies of the complaint- settling decisions of
the presidents of the district-level and communal-level People’s Committees as
well as relevant documents (if any) to the provincial-level People’s Committee
presidents.

Within 20 working days after the receipt of
applications for further settlement of complaints, the provincial-level
People’s Committee presidents shall have to settle them and notify such in
writing to the complainants and the presidents of the district-level and
communal-level People’s Committees who previously settled the complaints. The
complaint- settling decisions of the provincial-level People’s Committee
presidents shall be the final decisions.

4. For complicated complaints about authentication,
the time limits for settlement thereof by presidents of the district-and
provincial-level People’s Committees may be prolonged but shall not exceed 30
days as from the date of receipt of complaints for settlement.

Article 66.- Competence
and time limits for settlement of complaints by district-level Justice Sections

1. The heads of the district-level Justice
Sections, who are authorized by the district-level People’s Committee
presidents to perform the authentication prescribed in Clause 2, Article 22 of
this Decree, shall settle the first-time complaints about the refusal of
authentication under their competence, within 5 working days after the receipt
of complaints for settlement.

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Within 10 working days after the receipt of
written complaints for settlement, the district-level People’s Committee
presidents shall have to settle them and notify such in writing to the
complainants and the heads of the district-level Justice Sections, who
previously settled the complaints.

3. If the authentication requesters disagree
with the settlement of complaints by the district-level People’s Committee
presidents, they may further complain to the provincial-level People’s
Committee presidents.

Within 30 working days after the receipt of
written complaints for settlement, the provincial-level People’s Committee
presidents shall have to settle them and notify such in writing to the
complainants and the district-level People’s Committee presidents who
previously settled the complaints. The complaint-settling decisions of the
provincial-level People’s Committee presidents shall be the final ones.

4. For complicated complaints about
authentication, the time limits for settlement of complaints by the
provincial-level People’s Committee presidents may be prolonged but shall not
exceed 60 days after the receipt of written complaints for settlement.

Article 67.- Competence
and time limits for complaint settlement by heads of the Notary Public offices

1. The heads of the Notary Public offices shall
settle first-time complaints about the refusal of notarization under the
competence of the Notary Public offices, within 5 working days as from the date
of receipt of written complaints for settlement.

2. If the complainants disagree with the
complaint-settling decisions of the heads of the Notary Public offices, they
may further complain to the directors of the provincial/municipal Justice
Services. In this case, the complainants must file their applications together
with the copies of the complaint-settling decisions of the heads of the Notary
Public offices and relevant documents (if any) to the directors of the
provincial/municipal Justice Services.

Within 10 working days after the receipt of
written complaints for settlement, the directors of the provincial/municipal
Justice Services shall have to settle them and notify such in writing to the
notarization requesters and the heads of the Notary offices who previously
settled the complaints.

3. If the notarization requesters disagree with
the settlement by the Justice Service directors, they may further complain to
the Justice Minister. In this case, the complainants shall have to file their
applications together with the copies of the complaint-settling decisions of
the Justice Service directors and the Notary Public office heads as well as
relevant documents (if any) to the Justice Minister.

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4. For complicated complaints about
notarization, the time limits for complaint settlement by Justice Service
directors or the Justice Minister may be prolonged but shall not exceed 60 days
after the receipt of written complaints for settlement.

Article 68.- Competence
and time limits for complaint settlement by Vietnamese representations abroad

1. Heads of the Vietnamese representations
overseas shall settle first-time complaints about the refusal of notarization
under the overseas Vietnamese representations’ competence, within 5 working
days after the receipt of written complaints for settlement.

2. If the notarization requesters disagree with
the complaint settlement by heads of the overseas Vietnamese representations,
they may further complain to the Foreign Minister. In this case, the
complainants shall have to file their applications together with the copies of
the complaint- settling decisions of the heads of the overseas Vietnamese
representations and relevant documents (if any) to the Foreign Minister.

Within 10 working days after the receipt of
written complaints for settlement, the Foreign Minister shall have to settle
them and notify such in writing to the complainants and the heads of the
overseas Vietnamese representations who previously settled the complaints. The
Foreign Minister’s decisions shall be the final ones.

For complicated complaints about notarization,
the time limit for complaint settlement by the Foreign Minister may be
prolonged but shall not exceed 20 days after the receipt of written complaints
for settlement.

Article 69.-
Notarization or authentication requesters’ right to initiate lawsuits

Where the notarization or authentication
requesters disagree with the settlement of the first-time complaints by
competent agencies prescribed in Articles 65,66,67 and 68 of this Decree, they
may initiate lawsuits at competent courts according to law provisions on the
procedures for settlement of administrative cases.

Article 70.- Settlement
of denunciations

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Article 71.-
Commendation and reward

Notarization and authentication performers who
record achievements in the performance of notarization and authentication shall
be commended and/or rewarded according to law provisions on commendation and reward.

Article 72.- Handling
of violations

1. While performing their duties or exercising
their powers regarding notarization or authentication, any notarization or
authentication performers or translators being collaborators of Notary Public
offices, who unintentionally due to irresponsibility or intentionally act
against the provisions of this Decree and other law provisions on notarization
and authentication, may, depending on the seriousness of their violations, be
disciplined or examined for penal liability; if damage is caused, compensation
must be paid therefor according to law provisions.

2. Any notarization or authentication requesters
who commit acts of modifying papers, using fake papers when requesting
notarization or authentication, may, depending on the seriousness of their
violations, be administratively handled or examined for penal liability
according to law provisions.

Chapter X

FINAL PROVISIONS

Article 73.- Granting
and use of copies of papers

1. Copies of papers, issued simultaneously with
the originals or from the original books with validity like the copies shall be
notarized or authenticated according to the provisions of this Decree.

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Agencies and organizations which have granted
the originals of papers may grant the copies thereof.

3. The requesters may file their request for the
granting of copies of papers to the agencies or organizations which have
granted the originals through post office; they must also send the fees
therefor, if so prescribed by law.

Within 3 working days after the receipt of the
request, the concerned agencies or organizations shall have to grant them the
copies thereof.

4. Agencies and organizations, when receiving
papers which require the presentation of the originals thereof for comparison,
shall have to personally compare the duplicates with the originals, and must
not demand the submission of the notarized or authenticated copies thereof.

Article 74.- Provisions
on transition

1. Notary Public offices set up under the
provisions of Decree No.45/HDBT of February 27, 1991 of the Council of Minister
on organization and operation of the State Notary Public, Decree No.31/CP of
may 18, 1996 of the Government on organization and operation of the State
Notary Public may continue to operate. In cases where the Notary Public offices
have not yet satisfied the criteria and conditions prescribed in Article 26 of
this Decree, the presidents of the provincial-level People’s Committees shall
have to coordinate with the Justice Ministry in strengthening reorganizing such
Notary Public offices within one year after this Decree takes effect.

2. Persons who are appointed notaries according
to the provisions of Decree No.45/HDBT and Decree No.31/CP mentioned above may
continue to be recognized as notaries under the provisions of this Decree.

Article 75.- Implementation
provisions

1. This Decree takes effect as from April 1,
2001 and replaces Decree No.31/CP of May 18, 1996 of the Government on
organization and operation of the State Notary Public.

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The minister-chairman of the Government’s
Commission for Organization and Personnel, the Finance Minister, the Labor, War
Invalid and Social Affair Minister and the Foreign Minister shall, within the
scope of their respective tasks and powers, have to coordinate with the Justice
Minister in guiding the implementation of this Decree.

3. The ministers, the heads of the
ministerial-level agencies, the heads of agencies attached to the Government
and the presidents of the provinces and centrally-run cities shall have to
implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER

Phan Van Khai