The government has different requirements for what kinds of activities or transactions need notarization. Nowadays, the notarization business has shown a profitable and promising future for people working in the legal field. In addition to common people, public employees also want to invest in this field. However, some do not understand clearly about the regulations regarding notarization business establishment. So, in this article LSX legal firm would like to answer the question: “Can civil servants contribute capital to establish a notary office in Vietnam?”
- Law on Notarization 2014
What is Notary Office?
According to Clause 5, Article 2 of the Law on Notarization, Notarial practice organizations include notary bureaus and notary offices organized and operating under this Law and other relevant legal documents.
Under Article 22 of the Law on Notary, a notary office has the following characteristics:
- Firstly, notary offices organized and operate in accordance with this Law and other relevant legal documents concerning partnerships. A notary office must have at least 2 notaries being its partners. Notary offices have no capital contributors.
- Secondly, the at-law representative of a notary office shall act as its head. The head of a notary office must be a notary who is its partner and has practiced notarization for at least 2 years.
- Thirdly, the name of a notary office must contain the words “notary office” followed by the full name of its head or another notary (as a partner) as agreed by all the notaries partners, and must not identical to or cause confusion with those of other notarial practice organizations and violate national historical and cultural traditions, ethics and fine customs.
- Fourthly, notary offices must have head offices satisfying the conditions prescribed by the Government. Notary offices may have their own seals and accounts and shall operate on the principle of financial autonomy with their revenues coming from notarization charges, notarization remuneration, and other lawful sources.
- Lastly, notary offices shall use seals bearing no national emblem. Notary offices may have their seals carved and use them after obtaining establishment permission decisions. Procedures and dossiers of request for permission for seal carving and management and use of seals of notary offices must comply with the law on seals.
Can civil servants contribute capital to establish a notary office in Vietnam?
As mentioned above, article 22 of the Law on Notary 2014 stipulates that: notary offices organized and operate in accordance with this Law and other relevant legal documents concerning partnerships. A notary office must have at least 2 notaries being its partners. Notary offices have no capital contributors.
So, a notary office will be established in the form of a partnership, with all members being general notary publics and no capital contributors. Therefore, civil servants cannot contribute capital to establish a notary office.
Procedures carried out at the Notary Office
Notary office procedures mentioned in Chapter V of the Law on Notary include:
- Firstly, drafted contracts and transactions.
- Contracts and transactions drafted by the notary at the request of the notary requester.
- Notarized translation…
Some types of contracts and transactions that can be notarized include:
- Real estate mortgage contract;
- Authorization contract;
- The written agreement on the division of the estate, the document declaring the estate; written refusal to receive the estate…
Order and procedures for registration of notary office operations
According to Article 23 of the Law on Notarization 2014:
“Article 23. Establishment and operation registration of notary offices
1. Notaries who jointly establish a notary office shall compile a dossier of request for the establishment of a notary office and submit it to the provincial-level People’s Committee for consideration and decision. A dossier of request for the establishment of a notary office must comprise a written request and a scheme for the establishment of the notary office, clearly stating the necessity to establish the notary office, its expected organizational structure, name, personnel, location, physical conditions, and implementation plan; and copies of appointment decisions of notaries jointly establishing the notary office.
2. Within 20 days after receiving a complete and valid dossier of request for the establishment of a notary office, the provincial-level People’s Committee shall consider and decide to permit the establishment of the notary office; in case of refusal, it shall issue a written reply clearly stating the reason.
3. Within 90 days after receiving the decision permitting its establishment, the notary office shall register its operation with the provincial-level Justice Department of the locality where the establishment decision is issued.
The contents of operation registration of a notary office include the name of the notary office, full name of its head, address of its head office, list of notaries being partners, and list of contractual notaries of the notary office (if any).
4. A dossier of operation registration for a notary office must comprise a written operation registration request, papers proving the suitability of the notary office’s location with the contents stated in its establishment scheme and professional practice registration dossiers of notaries being its partners and contractual notaries (if any).
Within 10 working days after receiving a complete operation registration dossier, the provincial-level Justice Department…
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Firstly, To have their right to notarial practice protected by the Law on Notarization;
Secondly, To participate in the establishment of notary offices or work under contracts for notarial practice organizations;
Thirdly, To notarize contracts, transactions and translations in accordance with the Law on Notarization;
Fourthly, To request related individuals, agencies and organizations to provide information and documents serving the notarization;
Also, To refuse to notarize contracts, transactions and translations which violate law or are contrary to social ethics;
Article 16 of the Law on Notarization:
a/ A written request for re-appointment as a notary, made according to a form set by the Minister of Justice;
b/ The judicial record;
c/ The health certificate granted by a competent health agency;
d/ A copy of the decision on relief from duty of the notary;
dd/ Copies of papers proving that the reason for relief from duty no longer exists, except the case prescribed in Clause 1 of this Article.
Notary training shall be exempted for the following persons:
Firstly, Those who have worked as judges, prosecutors or investigators for at least 5 years;
Secondly, Lawyers who have been engaged in legal practice for at least 5 years;
Thirdly, Law professors and associate professors; doctors of law;
Fourthly Senior verifiers of courts, senior examiners of procuracies; senior experts, senior researchers and senior lecturers in the legal sector.
Finally, hope this article is useful for you to answer the question about “Can civil servants contribute capital to establish a notary office in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]