What are the sanctions for notaries who do not explain to notarization requesters their legal rights, obligations and interests?
Pursuant to Point h, Clause 3, Article 15 Decree 82/2020/ND-CP Violations of regulations on notary practice activities are as follows:
Acts of violating regulations on notary practice activities
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3. Fine from 7,000,000 VND to 10,000,000 VND for one of the following acts:
a) Disclosing information about notarized content without the written consent of the notarization requester, unless otherwise prescribed by law;
b) Notarization when the notary's signature is missing; signature or fingerprint of the person requesting notarization on each page of the contract or transaction;
c) Notarization without checking and comparing original documents in the notarization file according to regulations before recording testimony and signing each page of the contract or transaction;
d) Receive or request money or other benefits from the notarization requester in addition to the notarization fee according to regulations, determined notary remuneration and other agreed costs;
d) Do not witness the notarization requester, witness, or interpreter signing or fingerprinting the contract or transaction, unless otherwise prescribed by law;
e) Recording testimonies in notarized documents with incomplete content as prescribed;
g) Recording inaccurate testimony about contract and transaction names; subject of contract or transaction; time or place of notarization;
h) Failure to explain to the notarization requester their legal rights, obligations and interests, the meaning and legal consequences of the notarization;
i) Participate in business management outside of notary practice organizations; Carry out brokerage and agent activities; Participate in profit sharing in contracts and transactions that you notarize;
k) Do not participate in annual notary professional training, unless otherwise prescribed by law;
l) Correcting technical errors in notarized documents that are not subject to technical error correction according to regulations;
m) Notarize contracts and transactions in cases where the person signing the contract or transaction does not have or exceeds representative authority;
Thus, notaries can be fined from 7,000,000 VND to 10,000,000 VND for failing to explain to the notarization requester their legal rights, obligations and interests, and the meaning of the notary. and legal consequences of notarization.