Is notarization remuneration regulated by notary offices in Vietnam? Are expenses of requesting notarization outside the head office of a notary office negotiable in Vietnam? What are duration for preservation of originals of notarized documents in Vietnam?
Hello, I recently asked the notary office to draft a notarized contract, after completing the job, I have referenced that the notarization fee for drafting there is higher than some other places. So may I ask if this notarization remuneration is regulated by the notary office? Now I request to perform notarization outside the head office of notary office, can the cost be negotiable? Please advise.
Pursuant to Article 67 of the Law on Notary 2014 stipulates notarization remuneration as follows:
1. Notarization requesters shall pay remuneration when requesting notarial practice organizations to draft contracts or transactions, typewrite or make copies, translate papers or documents, or perform other notarial jobs.
2. Provincial-level People’s Committees shall promulgate ceiling rates of notarization remuneration to be applied to notarial practice organizations in localities. Notarial practice organizations shall determine remuneration rates for each job which must not exceed the ceiling rate of notarization remuneration promulgated by the provincial-level People’s Committee, and shall publicly post up remuneration rates at their head offices. Notarial practice organizations that collect notarization remuneration at rates higher than the ceiling rates and the posted rates shall be handled in accordance with law.
3. Notarial practice organizations shall clearly explain notarization remuneration to notarization requesters.
As such, the notarization remuneration will be set by the notary office but must not be higher than the ceiling rates of notarization remuneration promulgated by the People's Committee of the province. In case the notary office collects remuneration higher than the ceiling rates of notarization remuneration and the posted rates, it shall be handled in accordance with law in Vietnam. Therefore, in your case, it is possible that this notary office collects higher remuneration than other places but does not exceed the prescribed ceiling, it is still legal.
According to Article 68 of the Law on Notary 2014 stipulates other expenses as follows:
1. A notarization requester who asks for verification or assessment or notarization to be conducted outside the head office of a notarial practice organization shall pay expenses therefor.
Expense levels shall be agreed upon by notarization requesters and notarial practice organizations. Notarial practice organizations may not collect expenses at levels higher than the agreed ones.
2. Notarial practice organizations shall post up principles of calculating other expenses and clearly explain these expenses to notarization requesters.
According to this Article, the expense of notarial practice outside the head office of the notary office will be agreed upon by the notarization requesters and notarial practice organizations. A notarial practice organization may not charge fees higher than the agreed-upon expenses in Vietnam.
Article 64 of the Law on Notary 2014 stipulates regime of preservation of notarial records as follows:
1. Notarial practice organizations shall strictly preserve and take security measures for notarial records.
2. The originals of notarized documents and other papers in notarial records shall be preserved for at least 20 years at head offices of notarial practice organizations; the preservation of such documents and papers outside head offices of these organizations shall be approved in writing by provincial-level Justice Departments.
3. When a competent state agency requests in writing the supply of notarial records for supervision, examination, inspection, investigation, prosecution, trial or judgment enforcement related to notarized affairs, the concerned notarial practice organization shall supply copies of notarized documents and other relevant papers. The comparison of copies of notarized documents with their originals may only be conducted at the notarial practice organization that keeps notarial records.
4. The distraint of assets and search of head offices of notarial practice organizations must be conducted in accordance with law and to the witness of representatives of provincial-level Justice Departments or representatives of local socio-professional organizations.
5. In case a notary bureau is transformed into a notary office, notarial records shall be managed by the notary office.
When a notary bureau is dissolved, notarial records shall be transferred to another notary bureau or a notary office designated by the provincial-level Justice Department.
When a notary office terminates its operation, it shall reach agreement with another notary office on the receipt of notarial records; if such agreement cannot be reached or the notary office terminates its operation because all notaries being its partners die or are declared by a court to be dead, the provincial-level Justice Department shall designate a notary bureau or another notary office to receive notarial records.
Thus, the originals of notarized documents and other papers in notarial records must be preserved for at least 20 years according to the above provisions in Vietnam.
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