I have the following questions that I hope you can answer. When going to notarize at notary offices, I wonder if the notarization fee of notary offices is the same? In case I want to request notarization at home because it is difficult for family members to travel, what is the fee? I sincerely thank you!
Thank you for sending your question to Lawyer X. In the following article, we will answer your questions and share with you the legal regulations related to the above question. Hope this article brings a lot of useful things to you.
Legal grounds
- Notarization Law 2014
What are the conditions on the type of company and the founding member of the notary office?
According to the provisions of article 22 of the Law on Notary 2014, a notary office must be a partnership company organized and operated in accordance with the provisions of law related to this type of company. Notary offices must have two or more notaries and no capital contributors. Accordingly, only notaries can set up a private notary office. Notary offices must have at least two founding members. These members are responsible for the debts and other property obligations of the company with all their assets.
Article 8 of the Law on Notary 2014 has regulations on notary standards. Accordingly, to become a notary, an individual must meet the following requirements:
Be a Vietnamese citizen with permanent residence in Vietnam.
Have good moral character, and obey the law.
Having a bachelor’s degree in law and then having worked in law for 5 years or more at agencies and organizations.
Graduated from a notary vocational training course (12 months) or completed a notarial training course (3 months) at a notary vocational training institution.
Satisfy the requirements for testing the results of the notarial practice internship.
Be healthy enough to practice.
How to set up a notary office?
According to Article 23 of the Law on Notary 2014, the order and procedures for establishing a notary office are prescribed as follows:
Step 1:
The notary public that establishes a notary public office shall send a dossier of application for the establishment of a notary public office to the provincial-level People’s Committee, the dossier includes:
Application for establishment of a notary office.
The project on establishing the Notary Office clearly states the necessity for establishment, the expected organization, name, personnel, location of the head office, physical conditions and implementation plan.
A copy of the decision on the appointment of the notary.
Step 2:
Within twenty days from the day on which the complete application for the establishment of a notary office is received, the People’s Committee of the province shall consider and decide to permit the establishment of the notary office. In case of refusal, it must notify in writing and clearly state the reason. The rejected person has the right to lodge a complaint in accordance with the law.
Step 3:
Within ninety days from the date of receipt of the decision permitting the establishment, the notary office must register its operation at the Department of Justice of the locality permitting its establishment. When registering for operation, it is required to have an operation registration application, proof of the head office in the locality where the decision to allow establishment is made.
Step 4:
Within ten working days from the date of receipt of the operation registration papers, the Department of Justice shall grant the operation registration certificate to the notary office; In case of refusal, it must be notified in writing and clearly state the reasons therefor. The rejected person has the right to lodge a complaint in accordance with the law. Notary offices may operate from the date the Department of Justice issues the operation registration certificate.
What is the notarization fee?
Pursuant to Article 66 of the Law on Notary 2014 stipulates:
- Notarization fee includes contract notarization fee; transaction; translation; will keeping fees; fee for issue of notarized copies of documents.
The person requesting notarization of the contract; transaction; translation; keeping wills; issue of a notarized copy of a document must pay a notarization fee.
- The rate of collection, the mode of collection, payment, use and management of notarization fees shall comply with the provisions of law.
Are the prices and fees of notary offices the same?
Pursuant to Clause 1, Article 4 of Circular 257/2016/TT-BTC stipulating the rate of collection, collection, payment, management and use of notary fees; authentication fee; fees for appraisal of notarial practice standards and conditions; fees for appraisal of notary office operating conditions; The fee for issuing notary cards issued by the Minister of Finance clearly states the fees for keeping notary offices and notary offices as follows:
“Article 4. Charges and fees
- Notarization fee rates specified in this Circular shall be uniformly applied to Notary Offices and Notary Offices. In case the toll collection unit is a notary public, the fee rate specified in this Circular is inclusive of value-added tax in accordance with the Law on Value-Added Tax and its guiding documents.”
Thus, the price of notary fees for notary offices is the same. Note that for the Office of Civil Service, the fee according to this Circular is inclusive of value-added tax as prescribed by law.
What fees do notarization fees include?
Pursuant to Article 66 of the Law on Notary 2014 there are regulations on notarization fees as follows:
Notarization fees include fees for notarizing contracts, transactions, translations, keeping fees, and fees for issuing notarized copies of documents.
The person requesting the notarization of contracts, transactions, translations, keeping of wills, and issue of copies of notarized documents must pay notarization fees.
The level of collection, the mode of collection, payment, use and management of notarization fees shall comply with the provisions of law.
What is the cost of notarization outside the notary office?
Pursuant to Article 68 of the Law on Notary 2014 stipulates the cost of notarization outside the notary office as follows:
“Article 68. Other expenses
- In case a notarization requester requests to verify, assess or perform notarization outside the head office of a notarization practice organization, the notarization requester must pay expenses for doing so.
The cost level shall be agreed upon by the notarization requester and the notarial practice organization. A notarial practice organization may not charge fees higher than the agreed-upon costs.
- Notarization-practicing organizations must clearly post up the principles for calculating other expenses and have the responsibility to clearly explain to the notarization requesters about those specific expenses.”
According to the above regulation, there is no specific legal regulation on the cost of notarization outside the office, before requesting the fee for the organization of civil servants performing civil service at home, it is necessary to clearly agree on the fee to be paid. Fees listed at each notary practice organization will be different, but they will be clearly posted on the principle of charging according to the provisions of law.
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Frequently asked questions
According to the law, notary offices must have their own accounts and operate on the principle of financial autonomy with revenues from notary fees, notary fees and other lawful sources of revenue. As such, a notary office is a legal entity whose assets are independent of the owner.
Article 22 of the Law on Notary 2014 stipulates that the legal representative of the Notary Office is the Head of the Office. The head of the notary office must be a notary public partner of the notary office and have practiced notarial practice for 02 years or more.
Conclusion: So the above is Notary prices and fees for notary offices in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
