Charter
- 0
- 0
- 0
- 0
| JUSTICE MINISTRY No. 1681/QD/BTP | THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness Hanoi, July 19, 2019 |
DECISION
On the approval of the charter of the Vietnam NOTARY ASSOCIATION
JUSTICE MINISTER
Based on the Law on Notarization No. 53/2014/QH13 dated June 20, 2014
Based on Decree No. 29/2015/5N-DCP dated March 15, 2015 of the Government detailing and guiding the implementation of a number of articles of the law on notarization
Based on Decree No. 96 2017 NDCP dated August 16, 2017 of the Government defining the functions, duties, powers and organizational structure of the Ministry of Justice
After considering the request of Vietnam Notary Association and the Director of the Judicial Support Department.
After obtaining the agreement of the Minister of Home Affairs in Official Dispatch No. 2019 bnv tcpcp dated May 9, 2019
DECISION
Article 1. The approval of the charter of the Vietnam Notary Association, which was approved by the first national congress of notaries for the term 2019 2022 at the session on January 11, 2019
Article 2. This decision takes effect from the signing date.
Article 3. The chairman of the Vietnam Notary Association, Director of the Judicial support Department and relevant agencies and organizations are responsible for the implementation of this decision
Recipients:
- As article 3
- Prime Minister
- Deputy Prime Minister
- Deputy Prime Minister Truong Hoa Binh
- The Central Organizing Committee
- The Central Inspection Commission
- The Internal Affairs Committee
- The Ministry of the Interior
- The Government Office
- Deputy Minister Phan Chi Hieu
- The Portal of Ministry of Justice
- Office management, Judicial Support
THE CHARTER
VIETNAM NOTARY ASSOCIATION
Vietnam Notary Association is a social-professional organization of Vietnamese notaries under the leadership of the Communist Party Vietnamese which has the function of representing, gathering, uniting, supporting and protecting rights, legitimate interests of members which are notary associations in Vietnam and practical notaries. It is also responsible for developing and maintaining standards ethical standards for notarial practice; self-administrating of notaries under the provisions of the constitution, the law and the Charter of the Vietnam Notary Association
The Charter of the Vietnam Notary Association provides for the organization and operation of the Association, the notary association; rights and obligations of members; relationships of the Association, the Notary Association with its members, related agencies and organizations. The Charter of the Vietnam Notary Association is uniformly applied to the Vietnam Notary Association and other notary associations.
CHAPTER I
GENERAL REGULATIONS
Article 1. Principles and purposes of Vietnam Notary Association is to represent, protect rights and interests
of the notaries. The Notary Association is a member of the Association nationwide in order to build values and
standards of Vietnamese notaries; develope a team of notaries who are moral , professional, highly responsible for the profession as well as suitable to the requirements of society and the requirement in building the socialist law-governed State; protect of the lawful rights and interests of individuals and organizations, contribute to the stable economic and social development.
Article 2. The legal status of the Vietnam Notary Association
1. The Vietnam Notary Association (hereinafter referred to as the Association) is a national social- professional organization of Vietnamese notaries which has a legal entity, its own seal and account.
2. The international transaction name of the Association in English is Vietnam Notary Association (or “VNA” for short).
3. The headquarters of the Association is located in Hanoi – the capital of the Socialist Republic of Vietnam.
Article 3. The organizational and operational principle of the Association
The Association is organized and operates based on the principle of self-governance, publicity, transparency, non-profit purposes, self- finance in accordance with the provisions of law, the constitution and this Charter. The Association is under supervision of the State management of the Justice Ministry, the Ministry of the Interior and other relevant agencies as prescribed by law
Article 4. Duties and powers of the Association
1. Duties and powers as prescribed in Article 39 of the Law on Notary, Article 30 Decree No. 29/2015/ND-CP dated March 15, 2015 of the Government on detailing and guiding the implementation of a number of articles of the Law on Notarization.
2. Other duties and powers as prescribed by the law and this Charter.
CHAPTER II
ORGANIZATIONAL STRUCTURE OF THE ASSOCIATION
Article 5. The agencies of the Association
1. The Congress of National Notary Association is the highest committee of the Association.
2. The National Council of Notaries is the leading organ of the Association between the two congresses of National Notary Association.
3. The Association’s Standing Committee is the executive office of the Association between two terms of the National Notary Association Congress.
4. The Association’s office, assisting agencies of the National Notary Council.
Article 6. The Congress of National Notary Association
1. The National Congress of Notary is chaired by the National Notary Council members every three years. The Congress can be
an extraordinary meeting under the decision of at least two-thirds of the member in the National Notary Association or as required by the competent state agency if any necessary amendment or supplement for the Association’s Charter is needed.
2. The delegates attending the The Congress of National Notary Association for the term or an extraordinary meeting of the Notary Associations with a number according to the allocation of the National Notary Council.
3. The delegate attending the National Notary Association must be practicing notary who is a member of the Notary Association, has good moral character and is compliance with the law, the Charter of the Association, notary profession code of ethics. Moreover, he must have sense of responsibility and ability to contribute to the Association’s activities; not be considered about any disciplinary actions, not be disciplined in the form of warning or higher in a term; not be dismissed as a notary or temporary suspended from notary profession.
4. The Congress of National Notary Association is valid if there is at least 2/3 (two thirds) of the delegates attending. In case that it’s not enough 2/3 (two thirds) of the delegates attending, within 30 (thirty) days since the first convenion, the second convention must be held. The 2nd convention is valid if having more than 1⁄2 (one-half) of the delegates summoned to attend.
5. The Council has the following duties and powers:
a) Promulgating the notary profession code of ethics.
b) Deciding on guidelines and measures to implement the Resolution and other Decisions of the Congress of National Notary Association.
c) Approving the working reports, financial statements and operating annual programs activity of the Association;
d) Electing members of the Standing Committee of the Association, chairman, vice chairman, general
secretary; reprimand or temporarily suspend the member of the Council; dismiss or unseat the member of the Association’s Standing Committee, chairman, vice chairman, general secretary, councilor;
d) Deciding to convene the Congress of National Notary Association ordinarily or extraordinarily.
e) Regulating the procedures for joining and withdrawing from the list of members of the Notary Association; transfering notaries to the orther Notary Association and expelling the membership of the notary; dealing with disciplinary actions of the members;
f) Regulating the entrance fees, membership fees and deduction rates to the Association;
h) Establishing the compensation fund for damages belonging to the member’s fault as a notary when practicing notarial profession in case that the member’s professional liability insurance could not be able to compensate; manager; managing the Compensation Fund according to the provisions of law;
ï) Deciding on the establishment of units under the Association specified in Article 13 in this Charter;
k) Promulgating financial regulations, regulation of foreign relation and international cooperation; other regulations in order to perform duties and powers of the Association;
1) Submiting the following Association Charter to the Minister of Justice for consideration and approval when the General Assembly approved in accordance with the law;
m) Other duties and powers as prescribed by law and the Charter this.
6. The Council meets regularly at least 01 once a year as the convention of the Standing Committee. The association’s Standing Committee congress can be an extraorrdinary meeting to decide the contents under the authority of the Notary Council when at least 2/3 (two thirds) of the Standing Committee members or 1/3 (one third) of councilmembers request. The meetings of the board are valid when having at least two thirds (two thirds) of the councilmembers.
7. The Council works on the collective principle. Resolutions and Decisions of the Council must have more than 1/2 (one-half) of the Councilmembers at the meeting approving. The Council can approve Resolutions and Decisions by seeking the opinions from the councilmembers. In this case, Decree
Decision, Decision is passed when there are more than 1/2 (one-half) of the members of the Association agreeing.
8. Council members have the following duties and powers:
a) Attending all meetings of the Council, in case of absence, they must have a good reason and written report to the Association’s chairman for consideration.
b) Participating in discussions on issues on the Association’s agenda, vote the Resolutions and Decisions of the Council;
c) Implementing the Resolutions and Decisions of the Council right; disseminating and persuading notaries to implement Resolutions and Decisions of the Council;
d) Fulfilling the responsibilities and tasks assigned by the Council, the Standing Committee.
d) Other tasks and powers as prescribed in this Charter.
9. Councilmember fails to perform or does not perform correctly, fulfill their duties and powers
will be reprimanded, temporarily suspended the councilmember or removed from the council based on the nature and level of their fault according to Clause 2, Article 11 of this Charter.
Article 8. Standing Committee of the Association
1. The Association’s Standing Committee (hereinafter referred to as the Standing Committee) is chaired by the Association. The committee is elected from among the Council members. The Standing Committee includes The chairman, vice chairmans, secretary general and commissioners.
2. A member of the Standing Committee must fully meet the following criteria:
a) Having enthusiasm for the development of the Vietnamese notary profession;
b) Having hands- on experience and practical activities; being capable to organize, administrate and manage the notarial field.
c) Understanding the law and judicial work related to notarization;
d) Having time and other conditions to regularly participate in the work of the Association;
d) Having prestige, ability to attract and gather notaries to participate in general activities of the Association;
e) Being approved by a competent authority.
3. The election of the Standing Committee is done by secret ballot.
The person elected to the Standing Committee must get more than 1/2 of the votes (one-half) in the total number of valid votes.
4. The Standing Committee has the following duties and powers:
a) Deciding the establishment, organizational structure, tasks and powers of the Office of the Association and it supporting agencies as regulated in Article 12 of this Charter;
b) Guiding the implementation of the Association’s Charter; checking and monitoring members in compliance with the law, the Association’s Charter, Resolutions and Decisions of the Association Council, Standing Committee; suspending the enforcement, and requesting partial modification or cancellation of the Resolutions and Decisions of the Notary Association which are contrary to the Association’s Charter, Resolution and Decision of the Association;
e) Monitoring the compliance with the notary profession code of ethics;
d) Convening a meeting of the Council; decide on the necessary issues between sessions of the Council; decide on the specific work plan of the Association according to the Council’s Resolutions and Decisions; assigning tasks to members of the Standing Committee, chairman, vice-chairmen;
d) Guiding the election of delegates to the NNA; preparing documents, nomination and election, making a list of candidates; guiding other issues related to the election of the Council, Standing Committee, chairman chairman, vice chairman, secretary general; report to the Ministry of Justice for comments on this point;
e) Guiding the time, content and procedures for holding the Congress of the National Notary Association; giving opinions on the organization project of the General Assembly of the notaries, personnel plans of the agencies in the National Notary Association;
g) Knowing a notary is exempted from the profession as prescribed by law;
h) Proposing the competent authority to suspend the implementation, request amendments for the Resolutions and Decisions of the Notary Association which are contrary to the provisions of law;
i) Guiding the contents and plan of annual notarial professional training according to regulations of the Law;
k) Organizing reviews and experience exchanges in notarial practice and practicing other measures to improve the professional qualifications of the association members throughout the country; voting, honoring members and notarial practice organizations which achieve the good results;
1) Gathering and promptly handling the thoughts, aspirations, and contributions of members with the Party, State and Fatherland Front;
m) Planning and organizing the implementation of international cooperation activities economy of the Association; regulations and guidelines for foreign affairs and international cooperation for members;
n) Settling down complaints and denunciations in accordance with the law and this charter;
o) Annual reports and ad hoc reports at the request of the Ministry of Justice and competent state agencies as prescribed by the law; sending Resolutions and Decisions of the Association to the Justice Ministry;
5. The Standing Committee meets regularly at least 02 (twice) a year. In some cases, the Standing Committee can hold irregular meetings to handle the urgent matters as required by at least 1⁄2 (one-half) of the members in Standing Committee or by the Chairman. Meeting of the Standing Committee is valid when at least 2/3 (two thirds) of the Standing Committee members attending.
6. The Standing Committee works according to the collective principle. The Resolutions and Decisions of the Standing Committee must be more than one-half (1/2) of the members at the meeting to vote in favor; in case of equally voting, the matter shall be decided according to the opinion which has the vote of the chairman or vice chairman who hosts the meeting ;
The Standing Committee may approve the Resolutions and Decisions through written opinions from the members of the Standing Committee. In this case, Resolutions and Decisions of the Standing Committee are approved when more than 1/2 (a half) of the Standing Committee members approved.
Article 9. Chairman and vice chairman of the Association
1. The chairman of the Association is elected by the Council from among the Standing Committee membersand for the term of the Council. The chairman of the Association is also The chairman of the Fatherland Front. A member can only be elected as the chairman of the Association for a maximum of 02 (two) consecutive term.
2. The chairman of the Association must fully meet the following criteria:
a) Being a party member of the Communist Party of Vietnam; having leadership skills at the high level; having the prestige and ability to gather and assemble a team of notaries throughout the country;
b) Having a sense of compliance and ability to implement the guidelines and decisions of the Party, State, Fatherland Front and other association at the central level;
c) Being able to build and maintain close relationships with agencies state management (Ministry of Justice, Ministry of Home Affairs…), organizations in the central and local level;
d) Having enthusiasm for the career development of notary profession and must being responsible for his work;
đ) Having time and other conditions to ensure the operation of the Association;
e) Being approved by a competent authority.
3. The Association chairman has the following duties and powers:
a) Being the legal representative of the Association;
b) Taking responsibility before the Congress of National Notary Association and Council on the association’s activities;
c) Managing the implementation of Resolutions and Decisions of the Congress of National Notary Association, Council,
Standing Committee; supervising all activities of the Association;
d) Presiding the meetings of the Council and Standing Committee; signing resolutions and decision of the Council or the Standing Committee after being approved by the Council or the Standing Committee;
đ) Abiding the principle of democratic, collective work and making decisions with the majority when performing Duties and powers of the Association’s chairman;
e) Other duties and powers as prescribed in this Charter.
4. The Vice chairman of the Association is elected by the Council among the members Standing Committee and in charge for the term. The vice chairman of the Association is also vice chairman of the Council. The Vice chairman is in charge of the work as assigned by the Standing Committee and reports to the Chairman, Standing Committee and Fatherland Front. In case that the chairman of the Association is temporarily unable to perform his duties due to his health or other reasons, these duties and powers will be transferred to vice chairman of the Association according to the appointment of the Standing Committee. As a result, the vice chairman will temporarily replace the chairman in the Association, the Council and the Standing Committee.
5. The election of the chairman and vice chairman of the Association is done by secret ballot. The winner must get more than 1/2 of the votes (a half) of the total valid votes.
Article 10. The General Secretary of the Association
1. The General Secretary of the Association is elected by the Council from among its members Standing Committee and for the term of the Council. The general secretary is responsible to the Council, Standing Committee and chairman of the Association.
2. The Secretary-General has the following duties and powers:
a) Assisting the Standing Committee in formulating and administering the implementation of the action plan, work program of the Association;
b) Administering the coordination between the Association’s supporting agencies in the implementation of the Association’s activities;
c) Organizing the implementation of Resolutions and Decisions of the Council, the Standing Committee and Chairman of the Association;
đ) Being in charge of secretarial work of meetings of the Council and Standing Committee;
d) Other duties and powers as prescribed in this Charter or assigned by the Standing Committee, Chairman of the Association
Article 11. The dismissal and removal of titles of the Association
1. The dismissal of Councilmembers, Standing Committee members, chairman, vice chairman or secretary general is done as the following cases:
a) Loss of civil act capacity or have difficulties in perception, restriction of capacity for civil acts or resignation.
b) Voluntarily withdrawing from the position they are holding;
c) Due to health or other reasons, it is impossible to perform the duties.
1.The dismissal of Councilmembers, Standing Committee members, chairman, vice chairman and secretary general shall be decided by the Council by a secret ballot.
2. The Councilor, Member of the Standing Committee, Chairman, Vice chairman, The Secretary-General shall be removed from office in one of the following cases:
a) Violating the provisions of the Constitution and the law when performing their duties and powers; infringing upon the interests of the Association;
b) Failure to comply with requests, regulations and decisions of management agencies State in the process of performing assigned tasks and powers in the public sector of the Association after being reminding in writing;
c) Being disciplined in the form of temporary suspension of membership or being expelled from the Notary Association;
d) The notary is dismissed from the notary profession;
đ) If he no longer gains more than 1/2 (one-half) of the Council members, the resignation of Councilors, the members of Standing Committee, chairman, deputy chairman and secretary general are decided by the Council thank to a secret ballot.
3. Between the meetings of the Council, the Standing Committee has the right to decide to temporarily suspend the councilor, the member of the Standing Committee office, the chairman, the vice chairman, the secretary- general in any cases specified in Clause 2 of this Article. They the committee could propose the Council to consider and officially decide on the dismissal at the nearest meeting of the Council.
4. Based on this Charter and the provisions of law, the Council prescribed in details the procedures for dismissal and of Councilmembers and members of Committee Standing, chairman, vice chairman, secretary general
Article 12. The Association Office and assisting agencies of the National Notary Council
1. The Association Office is the assisting agency of the Association.
The chairman of the Association decides to appoint, dismiss and expell the head of Staff Department, deputy head of the Association Office according to the Resolution of the Standing Committee.
2. The assisting agencies of the National Council of Notaries include:
a) Training, retraining and career development committee
b) Member right’s protection committee;
c) Inspection, Supervision, Reward and Discipline committee;
d) Finance department.
The chairman of the Association will decide the appointment, dismissal and removal of the Standing committee, the head and the deputy head of the committee according to the Resolution of the Standing committee. The head and the deputy head of department must be councilors.
Article 13. The units under the Association
1. In addition to the agencies specified in Articles 5 and 12 of this Charter, based on the needs and practical conditions, the Council shall decide on the establishment of a unit under the Association.
2. The establishment of a unit under the Association specified in Clause l in this Article must be approved by the Minister of Justice.
Chapter III
THE NOTARY ASSOCIATION
Article 14. The legal status of the Notary Association
1. The Notary Association is a social-professional organization of notaries which is established in a province or city directly under the Central Government according to regulations of the laws and this Charter. It has the legal status, has its own seal and account.
The name of the notary association includes the phrase “notary association” and the name of the province or city directly under the central government where the Notary Public Association is licensed found.
2. Members of the Notary Association in which pronvince must be the notaries who are practicing in that province and city.
3. The Notary Association is organized and operates in accordance with the Law notarization, guiding documents and this Charter.
4. The Notary Association is a member of the Association and has rights and obligations members of the Association which is protected by the Association’s legitimate rights and interests and under the supervision of the Association in accordance with the law and this Charter.
Article 15. The principles and organizational operation of the Notary Association
The Notary Association is organized and operates on the principle of self-governance, publicity, transparency, non-profit purposes, self- finance in accordance with the provisions of law and this Charter; under the state management of the People’s Committee of the province or centrally run city (hereinafter referred to as the provincial People’s Committee) where the Notary Association is established and the competent agencies which are authorized by law.
1. Duties and powers as prescribed in Article 26 of Decree No. 29/2015/ND-CP.
2. Representing the will, aspirations, rights and legitimate interests of members of the Association with domestic and foreign agencies, organizations and individuals in accordance with the law and the Law.
3. Electing representatives to attend the National Congress of Notary Deputies; nominating members to the association’s leading agencies and organizations. `
4. Proposing ideas and recommending on the development of the Association’s organization and operation.
5. Other duties and powers as prescribed by law and this Charter.
Article 16. Duties and powers of the Notary Public
1. Duties and powers as prescribed in Article 26 of Decree No.29/2015/ND-CP.
2. Representing the will and aspirations, protecting the legitimate rights and interests of the association’s members of the Notary Association in relation to agencies, organizations and individuals in and abroad in accordance with the law and this Charter.
3. Electing members to attend the Congress of National Notary Association; short- listing members to be elected to agencies and leadership positions of the Association. `
4. Recommendating ideas on strengthening and developing the organization and activitie of the Association.
5. Other duties and powers as prescribed by law and the Charter.
Article 17. Agencies of the Notary Association
1. The Congress of Notaries is the highest leadership body of the Notary Association.
2. Executive Committee of the Notary Association (hereinafter referred to as Executive Committee) is the executive body of the Congress of Notaries and elected by the Plenary Assembly of notaries.
3. The Reward and punishment council of the Notary Association shall be appointed by the Plenary Assembly of notaries based on the term of the Executive Committee.
Article 18. The Plenary Assembly of notaries
1. The Plenary Assembly of notaries (hereinafter referred to as the Congress of the Notary Association) is held every three years. The Congress may be summoned irregularly at the discretion of the Executive Committee or at the request of at least a half of the members of a competent state agency to decide on matters within the competence of the Congress of the Notary Association.
2. The Congress of the Notary Association is valid if it has at least 2/3 (two- thirds) delegates being summoned to attend. In case of not enough 2/3 (two thirds) delegates attending the Congress, within 30 (thirty) days since the date of the first convening, the Association must convene the second congress. The second is valid when having more than a half of the delegates being convened to attend.
3. The Plenary Assembly of the Notary Association has the following duties and powers:
a) Discuss and approve the report summarizing the activities of the Notary Society members and Executive Committee during the term; direction, action plan next period; approve the financial statements of the Notary Association during the term;
b) Promulgating the Regulations or amending and supplementing the Regulations of the Notary Association
(if any);
c) Electing the Executive Committee, Reward and Punishment Council; elect delegates attend the National Congress of Notary Deputies.
4. Resolutions and Decisions of the Plenary Assembly of the Notary Association are approved when more than 1⁄2 (a half) of the delegates at the the Plenary Assembly of the Notary Association voting.
5. At least 30 (thirty) working days before the expected date of the Plenary Assembly of Notary Association, the Executive Committee sends the scheme to hold to the Plenary Assembly of the Notary Association and the People’s Committee The province where the Notary Public’s Association is established witnesses, the personnel plan or additional vote to the Executive Committee, the reward and punishment council. The Plenary Assembly of the Notary Association can only be conducted after the approval on the Scheme by the People’s Committee where the Notary Association is established.
6. Within 07 (seven) working days since the Plenary Assembly of the Notary Association, the Executive committee will send 01 (one) set of documents to report on the results of the General Meeting to the People’s Committee of the province where the Association was established for the approval of the election.
Article 19. Executive Committee of the Notary Association
1. The Executive Committee is elected by the General Assembly of the Notary Association with the term of 03 (three) years according to the term of the General Assembly of the Notary Association. The Executive Committee administers the activities of the Notary Association between the two terms of the General Assembly of the Notary Association. The Executive Committee has the chairman, vice chairmen and members. The number of Vice-chairmen and members of the Executive Committee is appointed by the General Assembly of the Notary Association
2. The election of the Executive Committee is done by secret ballot.
The notary who is elected as a member of the Executive Committee must obtain more than half of the total valid votes.
3. Members of the Executive Committee must fully meet the following criteria:
a) Having good moral qualities;
b) Complying with the law, the Association’s Charter, notary profession code of ethics and the principles of the Notary Association;
c) Having prestige and ability to gather and unite members; management skills, the activities management skills of the Notary Public Association.
4. Members who fall into one of the following cases are not eligible to apply nominate or stand for the member of the Executive committee of the Association:
a) Being dismissed from the notary profession under the provisions of Notarization Law;
b) Being temporarily suspended from notarial practice:
c) Still having been sanctioned for administrative violations in notary profession;
d) Under a disciplinary review; being disciplined from the form of warning to up in term.
5. The Executive committee meets at least once every 3 (three) months and may meet at any time usually at the request of at least 1/2 (one-half) of the members of the Executive Committee or at the discretion of the chairman to discuss and decide on matters under the authority of the Executive committee.
6. The Executive Committee works on the principle of collective action and makes decisions by majority.
A meeting of the Executive Committee is valid if there are at least two thirds of the Committee members agreeing. The decisions of the Executive Committee are approved when having more than a half of the Executive Committee members voting.
In case of equal number of votes, the matter shall be decided according to the will opinions of the party with the votes of the Chairman or the Vice-Chairman presiding over the meeting.
7. The Executive committee has the following duties and powers:
a) Organize the implementation of the Resolution of the General Meeting, the Association’s Charter and Regulations of the Notary Association;
b) Deciding the program and the annual plan of the Notary Association;
c) Electing the chairman and vice chairman of the Notary Association;
d) Promulgating the operation regulation of the Executive committee, the management regulation and the use of finance, assets of the Notary Association and internal regulations of the Association in accordance with the provisions of the Association’s Charter, the Notary Association’s Regulations and the provisions of law;
đ) Supervising members in complying with the law, notary profession Code of ethics, the Association’s Charter and Regulations of the Notary Association; monitoring the activities of notarial practice organizations; suggesting the authorized agency to request notarial practice organizations to stop illegal act and handling with any violations according to the provisions of law;
e) Carrying out annual training in notarization according to the Association’s instruction; organizing training courses according to professional and technical needs in management and administration in notarial practice organizations; consulting with the Department Justice in the appointment, re-appointment and exemption from notary profession; establishment, consolidation, merger, assignment, termination of operations of notarial practice organizations as prescribed by law;
g) Mediating disputes which is related to practice among members, between members and notarial practice organizations; between notarial practice organizations; between the notarization requester and the member or notarial practice organization;
h) Collecting opinions and gathering opinions of notaries in the formulation of relevant policies and laws;
i) Implementating the international cooperation activities in accordance with regulations of law and guidelines of the Association;
k) Report to the Association, the Provincial People’s Committee where the Association was established on organization and operation of the Association according to the provisions of law and under the guidance of the Standing Committee of the Association;
l) Considering and deciding admission of a new member, withdrawing a member; considering and deciding on the commendation and discipline of members; settling down complaints and denunciations of member;
m) Other duties and powers as prescribed by law and this Charter.
Article 20. Chairman, Vice chairman, Member of the Executive Committee of the Notary Association
1. The chairman of the Notary Association (hereinafter referred to as chairman of the association) is appointed by the Board of Directors Executive who is elected from among the members of the Executive Committee. One member can only be appointed as the chairman of the Association maximum (two) consecutive terms.
2. The chairman of the Association must fully meet the following criteria:
a) Having a firm political will; leadership skills and administrative skills; have authority credibility and ability to gather and assemble a team of local notaries;
b) Ability to build and maintain close relationships with agencies the state, party organizations, local authorities;
c) Having time and other conditions to ensure the operation of the company Notary Association.
3. The chairman of the Association has the following duties and rights:
a) Being a legal representative and responsiblefor all activities of the Notary Association; :
b) Assigning and managing the activities of the Executive Committee in the implementation of Resolutions and Decisions of the General Assembly of the Notary Association and in the implementation of duties and rights of the Notary Association;
c) Convening and presiding over the meetings of the Executive Committee; signing the resolutions,
Decision of the Executive committee after the Executive committee’s approval;
d) Abiding to the democratic and collective principle in working and making decisions by majority while performing duties and rights of the Association’s chairman;
d) Other duties and powers as prescribed in this Charter.
4. Vice chairman of the Notary Association (hereinafter referred to as the Association’s Vice chairman)
is elected by the Executive Committee from among the members of the Executive Committee. Vice chairman of the Association is in charge of the work as assigned by the chairman of the Association and takes all responsibilities
before the chairman of the Association and the Executive committee. In the case of the Association’s chairman is
unable to perform his duties and powers due to health or other reasons, the Executive committee of the Association shall appoint a vice chairman to temporarily replace the chairman in order to manage the activities of the Executive Committee.
5. The election of the Association’s chairman and Vice- chairman is done by secret ballot. The person elected to be the chairman of the Association and the Vice chairman of the Association must gain above 1/2 (one-half) of the total valid votes.
6. The dismissal of the Association’s chairman, Vice- chairman, and members of the Executive Committee
Actions shall be taken for the cases specified in Clause 1, Article 11 in this Charter which is decided by the Executive committee by a majority decision by secret ballot.
7. The dismissal of the Association’s chairman, Vice- chairman, Executive Committee member
Actions shall be taken for the cases specified at Points a, b, c and d of Clause 2, Article 11 in this Charter, decided by the Executive committee by majority decision by a secret ballot or when there is no confidence of more than 1/2 (one-half) of the members of the Executive Committee.
8. In case the chairman of the Association is dismissed or removed from office, the Executive Committee shall elect a new chairman from among the vice chairmans of the Association, report to the Provincial People’s Committee of the province where the Notary Association was established.
In case that a new chairman of the Association has not yet been elected, the Executive committee shall elect a vice chairman of the Association to temporarily manage the activities of the Association until the new chairman is elected or until the next General Assembly of the Notary Association.
Article 21. Commendation and Disciplinary Council
1. The Commendation and Disciplinary Council is the advisory body of the Notary Association in the work of commendation, discipline and settlement of complaints and denunciations which is elected by the Congress of the Notary Association according to the term of the Congress of the Notary Association. The winner as a member of the Commendation and Disciplinary Council must gain votes from more than half of the delegates attending at the Congress.
2. Members of the Commendation and Disciplinary Council must have the following criteria:
a) Having good moral qualities and complying with the provisions of the law, Notarial profession Code of Ethics , Charter of Association and Regulations of the notary Association;
b) Being honest, impartial and objection;
c) Having a good reputation in the Notary Association.
3. The Commendation and Disciplinary Council consists of the chairman, vice chairman and other committees members. The chairman and vice chairman are elected by the Commendation and Disciplinary Council from among the members of the Council, the chairman must be a member of the Executive Committee. The number of members of the Commendation and Disciplinary Council shall be determined by the Congress of Notary Association. The new chairman and vice chairman of the Commendation and Disciplinary Council must gain votes from more than half of the members of the Council.
4. The Commendation and Disciplinary Council has the following rights and responsibilities:
a) Considering and propose the Executive Committee to decide on forms of commendation of the Association or requesting the Executive Committee to submit to the Association or competent state agencies in order to reward notaries, notarial practice organizations and other supporting agencies and units of the Association;
b) Verifying, considering and requesting the Executive committee to decide on discipline strategy on notaries;
c) Handling, verifying and considering complaints and denunciations against the notaries, notarial practice organizations, agencies and units under the Association; proposing to the Executive Committee handling those applications and letters.
5. A meeting of the Commendation and Disciplinary Council is valid when there are at least 2/3 (two thirds) of the members of the Council attending.
6. The Commendation and Disciplinary Committees work on the principle of collectivism and majority; In case the number of votes is equal, the final decision belongs to which part having the vote of the Council’s chairman or the vice-Chairman of the Executive Committee who holds the meeting.
Article 22. Units under the Notary Association
1. In addition to the agencies specified in Article 17 of this Charter, based on the need and practical conditions, the Notary Public Association decides to establish an affiliated unit of the Association.
2. The establishment of units under the Association as prescribed in Clause 1 of this Article must be approved by the Provincial People’s Committee.
Article 23. Regulations of the Notary Association
1. Regulations of the Notary Association issued by the Congress of the Notary Association to act and stipulate internal matters of the Notary Association and must not be contrary to these Regulations. The approval, amendent and supplement of the regulations of the Notary Association belongs to the Congress of Notary Association.
2. The Rules of the Notary Public Association include:
a) Specific regulations on the apparatus, agencies and other units under the Notary Association;
b) To prescribe the rights and obligations of members;
c) Regulations on the receipts and payments, management and use of the assets of the Notary Association;
d) Other contents as prescribed in this Charter.
3. Within 07 (seven) working days since the date the Regulations are approved or amended and supplemented, the Executive committee sends the Regulations of the Notary Public Association to Provincial People’s Committee where the Association was established.
Chapter IV
ASSOCIATION MEMBER, NOTARY ASSOCIATION
Article 24. Members of Associations, Notaries Association
1. Association members include practicial notaries and notary associations.
The Notary Association has been established as an ex-officio member of the Notary Association of Vietnam.
Notary associations are equal, united; they help and perform the rights and obligations in accordance with the law and this Charter.
2. Members of the Notary Association include practical notaries in the provinces and centrally-run cities who have already joined the Association.
Article 25. Rights and obligations of members of the Association and Notary Association
1. Member’s rights:
a) Rights as prescribed by law;
b) Being supported and protected by the Association and Notary Association and their rights when practicing as a notary.
c) To be able to self-nominate, nominate delegates to attend the Congress of National Notary Association, the Congress of the Notary Association; join the bodies of Association, Notary Association; being introduced by the Association, the Notary Association to stand for election to elective bodies and agencies of other social organizations at central and local level according to the provisions of law, the charter of those organizations;
d) Supervising the activities of the Association’s agencies and the Notary Association; handling with violations;
đ) Complaining against decisions of the Association’s agencies, Notary Association which are contrary to the provisions of law and this Charter; violate the rights and legitimate interests;
e) Other rights as provided for in this Charter and the Regulations of the Notary Association.
2. Obligations of members:
a) To perform the obligations of members as prescribed by law;
b) To comply with notarial profession code of ethics, the Charter of the Association, regulations of the Notary Association, Resolutions, Decisions of the Association and the Notary Association in which he is a member;
c) Giving chances for notaries in notarial practice organizations to participate in activities of the Association and Notary Association;
d) To comply with the Executive Committee’s request for the termination of any breach of law, breach of notarial profession code of ethics of notarial practice notarization which is led by the member;
đ) Every 06 (six) months and annually reporting to the Executive committee on the organization and activities of notarial practice organizations headed by the member;
e) Pay membership fees in full and on time;
f) Other obligations as prescribed in this Charter and the Regulations of the Notary Association.
Article 26. Joining the Notary Association
1. The notary public sends the application to join the Notary Public Association to the Executive committee. Profile includes:
a) An application form to join the Notary Association;
b) A copy of the decision on appointment of the notary;
c) Identity papers and proof of address.
2. Within 07 (seven) working days since the date of receipt of valid dossiers, the Executive Committee considers and issues a decision to admit members; in case of refusal, the Committee must notice clearly in written stating the reason.
Article 27. The withdrawal from the list of members of the Notary Association as he wished, the transfer to another the Notary Association
1. The notary wishing to withdraw from the list of members of the Association must have a written request for withdrawal certified by the notarial practice organization; if there is a merit in contributing the profession construction and the development of notarial practice in local and having a wide reputation among the local notaries
The Congress of the Notary Association decides to recognize honorary members of the Notary Association at the proposal of the Executive Committee.
Honorary members of the Notary Association are invited to attend and make opinions at the Congress of the Notary Association; are invited to participate in other activities of the Notary Association when necessary under the decision of the Executive Committee; are considered by the Notary Association to reward when making outstanding contributions to activities of the Notary Association; are not allowed to vote, nominate or stand for election to the offices of the Notary Association.
Chapter V
FINANCE
Article 29. Financial regime
The Notary Association operates on the principle of financial autonomy, self finance from membership fees and any lawful budget.
Article 30. Receipt and payment of the Association
1. The Association’s revenue sources include:
a) Deductions from membership fee;
b) Voluntary contributions of members, notarial practice organizations;
c) Revenues from the Association’s activities;
d) Sponsorships from domestic and foreign individuals and organizations;
đ) Other lawful revenues.
2. Expenses of the Association include:
a) Expenses for activities of the Association’s agencies;
b) Expenses for building infrastructure, purchasing working equipment; maintenaning, repairing facilities and renting headquarters (if any);
c) Expenses for allowances for leadership position and managerial position of the Association; staff salaries in the apparatus of the Association and reward;
d) Expenses for the implemention on duties and powers of the Association;
d) Expenses for international cooperation activities;
e) Other reasonable expenses.
3. The collection and payment of the Association must ensure the right purpose and in an effective way which are in accordance with the Financial Regulations issued by the National Council of Notaries
4. Based on the provisions of this Charter and the law on finance, the Council of national notary promulgates the Financial Regulations of the Association, in which stipulates receipt and payment collection procedures, and powers to decide on receipt and payment.
Article 31. Financial collection and payment of the Notary Association.
1. Revenue sources of the Notary Association include:
a) Joining fee, membership fee;
b) Voluntary contributions of members and notarial practice organizations;
c) Revenues from the activities of the Notary Association;
d) The aid of the Association; sponsorship of domestic and foreign individuals and organizations
đ) Other lawful revenues.
2. The expenses of the Notary Association include:
a) Expense for activities of the Notary Association’s agencies;
b) Expense for infrastructure, purchase of working equipment, maintenance and rent headquarters (if any);
c) Expenses for allowances for leadership position and managerial titles of the Association; employees’ salaries in the Notary Association; reward;
d) Expense for the implemention of duties and powers of the Notary Association;
đ) Other reasonable expenses.
3. The receipt and payment of the Notary Association must ensure the right purposes and in an effectice way which are in accordance with the regulations of the Notary Association, this Charter as well as financial law.
4. Based on the Regulations of the Notary Association, this Charter and financial law, the Executive committee prescribes the details of receipt and payment as well as the authority to decide on the receipt and payment of the Association.
Article 32. Joining fee, membership fee
1. Notaries admitted to the Notary Association must pay a registraion fee. Members must pay membership fees to the Notary Association.
2. The Executive Committee decides the fee rate and the cases in which the fee is exempted or reduced, methods of collection and is responsible for collecting and deducting the collected fees for Associations.
3. The National Council of Notaries shall prescribe the rate of deduction the collected fees to the Association.
Article 33. Management and use of finance and other assets of the notary Association.
1. The management and use of finance and other assets of the Association or the Notary Association shall be performed in accordance with the provisions of the law on finance, the Regulations of the National Notary Council, Regulations of the Notary Association.
2. The National Notary Council reports to the Congress of National Notary Association about the financial status in current term and next financial plan for the next term.
The Executive Committee reports to the Congress of the Notary Association on the financial status of the Notary Association during the term and financial plan for the term next.
CHAPTER VI
RECOMMENDATION, DISCIPLINE, COMPLAINTS SETTLEMENT, REPORT
Article 34. Commendation
1. Agencies of the Association, the Notary Association, and notarial practice organizations, notaries and other organizations and individuals with outstanding achievements in professional activities as well as the association’s activities, contributions to the development of the notary profession will be rewarded by the Association and Notary Association or proposed to competent state agencies to reward according to regulations on emulation and commendation.
2. Based on the provisions of this Charter and the law on emulation and commendation, the Board of Directors
The Standing Committee and the Executive Committee shall specify the form, subjects, standards and reward procedures and decide on the proposal of commendation or reward p
Article 35. Discipline
1. Member acts in violation of the law, the notary profession Code of Ethics, the Association’s Charter, the rules of the Notary Gate Association and other regulations of the Association, the Notary Association, based on the nature and the seriousness, the member shall be disciplined in one of the following forms:
a) Blaming;
b) Warning;
c) Suspension of membership. The duration of the temporary suspension is less than 12 (twelve months);
d) Exclusion from the Notary Association. Disciplinary decisions are sent to the Association and the Department of Justice where the Association is established.
2. A member in one of the following cases will automatically be excluded from the Notary Association:
a) The notary is dismissed from duty;
b) Who fails to pay the membership fee for 6 months of the year without a valid reason.
3. A member in one of the following cases shall be considered and handled in the form of expulsion from the Notary Association:
a) Serious violation of the code of ethics for notarial practice, the Charter
Association, Regulations of the Notary Association;
b) Being disciplined in the form of warning or more within 01 (one) year since the date of completing the execution of the decision on disciplinary action in the form of temporary suspension of membership.
4. Based on the provisions of this Charter and the provisions of law, the National notary Council regulates violations and the application of disciplinary forms, procedures for considering and deciding to discipline members.
Article 36. Complaints about disciplinary decisions
1. A member who is disciplined has the right to appeal against the Disciplinary Decision of the Executive Committee.
2. Complaint settlement is carried out on the basis of the Law on Complaints.
3. Based on the provisions of the Law on Complaints and other relevant laws and this Charter, the National Notary Council must provide specific guidance about the competence and procedures for settling complaints.
Article 37. Complaints against notaries’ behavior, decisions and acts of the Executive committee, the chairman of the Association, the agencies of the Association, the Association chairman
1. Individuals or organizations that have the right to complain about a member’s behavior who are notary; decisions and acts of the Executive Committee, The chairman of the Association, the Association’s agencies, The chairman of the Association when there are grounds to believe that decisions or acts infring their legitimate rights and interests.
2. Complaint settlement is carried out on the basis of the Law on Complaints.
3. Based on the provisions of the Law on Complaints and other relevant laws and this Charter, the National Notary Council must provide specific guidance about the competence and procedures for settling complaints.
Article 38. Denunciation
1. Individuals who have the right to denounce members who are notaries or agency of the Association, Notary Association about violations of law, Notarial profession Code of Ethics, the Association Charter, Regulations of Notary Association.
2. The executive committee that settles denunciations of members’ behavior who are notaries, agencies and positions in the agency of the Notary Association. The Standing Committee handles denunciations about the behavior of the Executive Committee, the agencies and positions in the Association’s agencies.
3. Based on the provisions of this Charter, the provisions of the law on denunciations and other relevant laws, the National Notary Council regulates the jurisdiction and denunciation settlement procedures.
Chapter VII
THE RELATIONSHIP BETWEEN THE ASSOCIATION AND NOTARY ASSOCIATION WITH THE AGENCIES AND ORGANIZATIONS
Article 39. Relations of the Association, the Notary Association with the state management agency of notarization
1. The Association is under the state management of the Ministry of Justice, the Ministry of Internal Affairs and other competent state management agencies as prescribed by law.
2. The Notary Association is under the State management of the Provincial People’s Committee and the competent authority where the Notary Association is established under provisions of law.
Article 40. Relations of the Association and the Notary Association with Vietnamese Fatherland Front.
1. Associations can join as members of the Vietnamese Fatherland Front.
2. The Notary Association can join as a member of Vietnamese Fatherland Front of the province and centrally run city the Central Government where the Notary Association is established.
Article 41. Relations of the Association, the Notary Association with the International Union of Notaries, international and foreign notarial practice organizations.
1. Vietnam Notary Association expands international relations with the International Union of Notaries, international and foreign notary organizations on the basis of autonomy, equality and cooperation in order to develop the notary profession, improve the role and position of the Association and the Notary Association of Vietname in the world.
2. The Association is a member of the International Union of Notaries, representing
for members in relation to the International Union of Notaries, international and foreign notarial practice notarizations according to the provisions of law.
3. Relations of the Association, the Notary Association with the International Union of Notaries, international and foreign notarial practice organizations being implemented with regulations of foreign affairs and international cooperation issued by the National Notary Council in accordance with the provisions of this Charter and the law on international cooperation.
CHAPTER VIII
IMPLEMENTATION PROVISION
Article 42. The implementation effect.
1. The Association’s Charter includes 8 Chapter and 44 Articles approved by the Congress of National notary association. The charter takes effect according to the approval of the Minister of Justice.
2. The Standing Committee has the authority to guide and supervise the implementation provisions of this Charter.
3. In case of any changes in the law that the provisions of this Charter is not suitable, the provisions of law shall be applied
Article 43. The transitional provisions
1. In case the term of the Notary Association is not suitable with the term of the Association, the term of the Notary Association shall be adjusted to fit the term of the Association.
2. The Charter of the Notary Association shall take effect within 06 (six) months since the effective date of this Charter.
3. The Standing Committee guides the joining of the Association and the appointment of delegates attending the National Congress of Notary Deputies; decides on the initiation fee, membership fees, methods of fee collection and reward, and discipline for the notaries in provinces that have not yet established Notary Associations.
Article 44. The Amendments and supplements to the Association’s Charter
The amendments and supplements to the Association’s Charter is within the competence of the Congress of National notary Association and must have more than two thirds of votes from the delegates attending the Congress. The amendments and supplements to the Association’s Charter takes effect according to Decision of the Minister of Justice.
./.
