Accordingly, from January 1st, 2017, economic contracts, commercial contracts, investment or business contracts valued from more than VND 100 million must pay charges for notarization VND 32.2 million + 0.02% of the portion of the value of property or the value of contract in excess of VND 100 billion . Under the earlier provisions, the charges for notarization were calculated by VND 5.2 million + 0.03% of the portion of the value of property or the value of contract in excess of VND 10 billion.
This Circular takes effect from January 1st, 2017.
To replace Joint Circular No. 08/2012/TTLT-BTC-BTP dated January 19th, 2012; Joint Circular No. 115/2015/TTLT-BTC-BTP dated August 11th, 2015 and Circular No. 54/2015/TT-BTC dated April 21st, 2015.
The charge for certifying a copy of an original is still VND 2,000/page and VND 1,000/page beyond two pages; however, the charge per copy shall not exceed VND 200,000. Charge for attesting a signature is sill VND 10,000/case
This Circular takes effect from January 1st, 2017. To replace Joint Circular No. 158/2015/TTLT-BTC-BTP dated October 12th, 2015 and point 7, point 8 clause 4 Article 1 of Joint Circular No. 115/2015/TTLT-BTC-BTP dated August 11th, 2015.
However, this Circular removes the regulation on exemption from fees for cases of consular certification/legalization of papers, documents in direct service of activities of the agencies of the Party, the National Assembly, the Government, the ministries or the ministerial-level agencies - in other words, these agencies shall have to pay fees upon consular legalization, certification of their papers, documents
However, to avoid the authentication of even unconformable originals as taken place recently, the document requests authenticating authorities to compare carefully the copies and the originals before granting authentication. If there is any suspicion of the lawfulness of the original, the authenticating authority shall request relevant agencies, organizations, and individuals to provide necessary information to verify the legality of the paper/document submitted for authentication; if the original is found to be issued unconformably or forged, the authenticating authority shall reject the application for authentication and file a record of impoundment and send the paper/document to a competent agency for handling
Similarly, regarding the authentication of a contract, besides the verification of the contents as prescribed in Article 35 of Decree No. 23/2015/ND-CP (such as civil capacity, the willingness of the contracting parties; time and location of contract conclusion, etc.), the authenticating authority shall also check contents of the contract, especially contracts related to land use right, in order to avoid granting authentication to incorrect, unlawful contracts
Regarding consular legalization upon certification of true copies from originals, authentication of documents issued by competent foreign authorities, the excemption from consular legalization is only provided according to an international treaty and provided for the cases specified in Article 6 of Circular No. 20/2015/TT-BTP. The remaining ones are all subject to the consular legalization for the purpose of certification of true copies, authentication.
Accordingly, the maximum level of fee collected for certification of true copies from originals is increased from VND 100,000/copy (Point 1 Section II of Circular No. 92/2008/TTLT-BTC-BTP) to VND 200,000/copy
Level of fee for authentication of signatures is remained at VND 10,000/case as prescribed Point 1 Section II of Circular No. 92/2008/TTLT-BTC-BTP with the regulation specifying that the level is apply to one paper/document regardless of many signatures
Particularly, the new level of fees collected for authentication of contracts, transactions is reduced without distinguishing values between contracts/transactions as prescribed in Circular No. 62/2013/TTLT-BTC-BTP. The new level of fee is uniformly collected at VND 30,000/contract or transaction (for the first authentication); VND 20,000/contract, transaction for authentication of amendments, supplements or termination of contracts, transactions; VND 10,000/contract, deal for rectification of mistakes in authenticated contracts or transactions:
This Circular applies to notaries, notary practice organizations, socio-professional organizations of notaries, state management agencies for notarization and relevant agencies, organizations or individuals.
This Circular takes effect since August 01st, 2015 and replaces Circular No. Circular No. 11/2011/TT-BTP dated June 27th, 2011 and Decision No. 01/2008/QĐ-BTP dated February 20th, 2008.
According to Article 19 of this Decree, public notary offices, private notary offices must buy professional liability insurance for their notaries within 60 days from the day on which such notaries are registered for practice.
Insurance premium shall be agreed by insurers and public notary offices or private notary offices but it
This Decree shall take effect from May 01, 2015 and replace Decree No. 04/2013/ND-CP dated January 07, 2013.
Under the new provisions provided in Article 5 of this Decree, notaries, notary offices are also competent to authenticate copies from master registers; authenticate signatures in documents, papers (except for translators’ signature)
An authenticated document is compulsory to have testimonies according to the specimen testimonies enclosed with this Decree to be accepted
This Decree shall take effect from April 10, 2015. To replace the Government’s Decree No. 79/2007/ND-CP dated May 18, 2007; Decree No. 04/2012/ND-CP dated January 20, 2012; Article 4 of the Decree No. 06/2012/NĐ-CP dated February 02, 2012; regulations on authentication of contracts as set out in the Decree 75/2000/NĐ-CP dated December 08, 2000.
One of the new points of this Law is the narrowing of operation forms of notary offices. Accordingly, notary offices are only allowed to organize and operate in the form of partnership companies instead of, under the Law on Notarization No. 82/2006/QH11, being allowed to operate in the form of private enterprises
In addition, this Law also supplements some acts which are prohibited from committing by notaries, notarial practice organizations as follows:
- Advertising themselves or their organizations in the mass media;
- Establishing branches, representative offices or transaction places other than head office of a notarial practice organization;
- A notary practicing his/her profession concurrently at two or more notarial practice organizations or performing other regular jobs
- A notary participating in the management of an enterprise other than his/her notarial practice organization; providing brokerage or agency services.
This Law takes effect from January 01, 2015. The Law on Notarization No. 82/2006/QH11 shall be expired from the effective date of this Law.
Joint Circular No. 62/2013/TTLT-BTC-BTP - Maximum fee for contracts and transaction's authentication is VND 3 milllion ( 13-May-2013) In particular, levels of fee collection for the authentication for contracts, transactions shall be calculated as authentication of contracts of transfer, donation of the land use right, capital contribution by the land use right (counted on the value of the land use right); authentication of contracts of transfer, donation of the land use right with land-attached asset, capital contribution by the land use right with land-attached asset (counted on the total value of the land use right and the value of land-attached asset); authentication of written agreements on inheritance division, written acceptance of inheritance (counted on the value of inheritance), authentication of contracts of asset mortgage (counted on the value of asset; in case in the contracts of asset mortgage inscribed the value of loans lower than the value of the mortgaged asset, counted on the value of loans).with the fee from VND 50,000 to VND 3,000,000. Within that fee for the level less than VND 50 million is VND 50,000 per case; from VND 50 – 100 million is VND 100,000 per case and above VND 10 billion is VND 3,000,000 per case. read more
Levels of fee collection for authentication of contracts of hiring land use right, dwelling house is lower from VND 40,000 to VND 2,000,000 per case.Besides, If contracts, transactions on land use right, property have the price under agreement higher than the price level as prescribed by competent state agencies, the value of land use right, value of property for calculation of authentication fees shall be determined under agreement of parties in those contracts, transactions and so on.
This Joint Circular takes effect on July 01, 2013 and annuls regulation on the regime of collection, remittance and management of the use of fees for authentication of contracts and transactions in the Join Circular No. 93/2001/TTLT/BTC-BTP dated November 21, 2001.