THE GOVERNMENT

Decree No. 04/2013/ND-CP dated January 07, 2013 detailing and guiding the implementation of some Articles of the Law on Notarization

Pursuant to the Law on Government organization dated December 25th 2001;

Pursuant to the Law on Notarization dated November 29th 2006;

At the proposal of the Minister of Justice;

The Government issues a Decree detailing and guiding the implementation of a number of articles of The Law on Notarization,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details and guides the implementation of a number of articles of the Law on Notarization applicable to notaries, their activities and the State management of notarization.

Chapter 2.

NOTARIES

Article 2. The practice of notaries

Notaries only do their assigned jobs; do not concurrently take other jobs, do not concurrently hold the judicial titles such as lawyers, auctioneers, arbitrators, bailiffs, or other judicial titles

Article 3. Training notaries

1. The practicing notaries are responsible for attending the annual training courses. The shortest training duration is 03 days. The training includes the update of law regulations on notarization, the relevant laws, and the skills in notarizing contracts and transactions.

The notaries that finish the courses shall receive certificates.

2. The practicing notaries that do not the annual training courses shall be liable disciplinary actions, administrative penalties, or other forms of penalties as prescribed by law or the charter of their organization.

3. The Minister of Justice shall guide the organization of training courses for notaries as prescribed in Clause 1 and Clause 2 this Article.

Article 4. Appointing the retired or resigned officials as notaries

1. When a retired or resigned official wishes to be appointed as a notary to work as a private notary office, his or her application for the job must be enclosed with the papers proving the retirement or resignation.

2. A notary of a public notary office that has resigned or retired for under a year, he or she may still hold the notary title, and may open a private notary office or participate in an existing private notary office. Within 01 year from the date on which the decision on the retirement or resignation is made until the date on which the application for the establishment of the private notary office is submitted, or the date on which he or she is accepted as a partner of the private notary office, or the date on which the labor contract is signed with the private notary office.

When a notary who has retired or resigned over a year wished to work as a notary, he or she must follow the procedure for appointing notaries.

Article 5. The conditions for working as notaries, applicable to the lawyers being appointed as notaries

1. When a lawyer appointed as a notary applies for the establishment of a private notary office, or registers the partnership with a private notary office, or signs a labor contract with a private notary office, the President of the bar association must certify the resignation of that lawyer from the bar association, and provide the papers proving the resignation of that lawyer.

2. The resignation of a lawyer is proven by one of the following papers:

a) The written certification of the submission of the certificate of lawyer registration to the agency that issued that certificate, applicable to the independent lawyers;