Nowadays, notary activities are a matter of concern to everyone. All registration documents that you want to bring to the transaction must be notarized. So about the matter “Time to establish a notary office in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Law on Notarization 2014
What is a notary office?
1. Notary offices are organized and operate according to the provisions of this Law and other relevant legal documents applicable to the type of partnership.
Notary offices must have two or more general notaries. The notary office has no capital contributors.
2. The legal representative of the Notary Office is the Head of the Office. The head of a notary office must be a notary partner of the notary office and have practiced notarial practice for 2 years or more.
3. The name of the notary office must include the phrase “Notary Office” with the full name of the Head of the Office or the full name of another notary partner of the notary office appointed by the notary public. The name agreed upon, must not overlap or cause confusion with the name of another notarial practice organization, must not violate the historical, cultural, ethical and fine traditions of the nation.
4. Notary offices must have an office that meets the conditions prescribed by the Government.
Notary offices have their own seals and accounts, operate on the principle of financial autonomy with revenues from notary fees, notary fees and other lawful sources of revenue.
5. Notary offices use seals without the national emblem. Notary offices can engrave and use their seals after a decision is made to allow them to be established. Procedures and dossiers of application for seal engraving, and the management and use of seals by the Notary Public Office shall comply with the law on seals.
Time to establish a notary office in Vietnam
. Notaries who establish notary offices must submit dossiers of request for establishment of notary offices to the provincial-level People’s Committees for consideration and decision. A dossier of application for the establishment of a notary office consists of an application for establishment and a proposal for establishment of a notary public office, clearly stating the necessity for establishment, expected organization, name, personnel, and location. headquarters, physical conditions and implementation plan; a copy of the decision on appointment of a notary to participate in the establishment of a notary office.
2. Within 20 days after receiving a complete application for the establishment of a notary office, 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 be notified in writing and clearly state the reasons therefor.
3. Within 90 days from the date of receipt of the decision to permit the establishment, the notary office must register its operation at the Department of Justice in the locality where the decision on approval for establishment has been issued.
The contents of operation registration of the notary office include the name of the notary office, the full name of the head of the notary office, the address of the head office of the notary public, the list of notary public partners of the notary public. and a list of notaries working under the contract regime of the Notary Office (if any).
4. A notary office’s operation registration dossier includes an operation registration application, documents proving that the notary’s head office is consistent with the contents stated in the establishment scheme and a business registration dossier. profession of notary partners, notaries working under the labor contract regime at the Notary Office (if any).
Within 10 working days from the date of receipt of a complete application for operation registration, the Department of Justice shall issue a certificate of operation registration of the notary office; In case of refusal, it must be notified in writing and clearly state the reasons therefor.
5. Notary offices may perform notarization activities from the date the Department of Justice issues their operation registration certificates.
How do I change the contents of the notary office’s operation registration?
1. The notary office that requests to change the contents of its operation registration as prescribed in Article 24 of the Law on Notarization or the notarial office merging or transferring the notary office shall submit it directly or via the system. postal 01 set of documents to the Department of Justice where the Notary Office registered its operation.
The dossier includes a written request for change of contents of operation registration of the notary office (Form TP-CC-10), the original copy of the operation registration certificate of the notary office and one or some of the following papers: depending on the content of the proposed active subscription:
a) In case the notary office adds a notary: The written approval of the notary public in the case of the addition of a notary public or the employment contract in the case of the addition of the notary public. according to the labor contract regime attached to the practice registration dossier and issue the card to the notary;
b) In case the notary office reduces the number of notaries: The written approval of the general notary public and the written notice of the termination of the general partner’s status as prescribed in Clause 2, Article 18 of this Law. This Circular or the document proving the notary terminates the status of a general partner in the cases specified at Point b, Clause 1, Article 18 of this Circular, or the decision on dismissal of the notary or the termination document. labor contract with notaries working under contract mode;
c) In case the notary office changes its head: Papers proving that the expected notary to be the head of the notary office has practiced notarial practice for 02 years or more, together with the written agreement of the members. general partner on the change of Head of Office;
d) In case of change of head office address of the notary office: Papers proving the new head office;
đ) In case of changing the name of the notary office: The written agreement of the general partners on the change of the name of the notary office;
e) In case of merger of a notary office: The papers specified in Clause 4, Article 14 of Decree No. 29/2015/ND-CP; In case of transfer of the notary office: The papers specified in Clause 3, Article 15 of Decree No. 29/2015/ND-CP.
2. Within 07 working days from the date of receipt of a complete dossier specified in Clause 1 of this Article, the Department of Justice shall re-issue the operation registration certificate to the notary office that changes its name or head office address. The head of the Office or records the changes in the operation registration paper for the notary office to change the list of notary partners or notaries working under the contract regime; In case of refusal, it must be notified in writing, clearly stating the reason.
The re-issued operation registration certificate retains the previously issued number
Providing information on the contents of registration of operation of the Notary Office
Within 10 working days from the date of issuance or re-issuance of the operation registration certificate of a notary office, the Department of Justice must notify in writing the tax office, statistical office, or provincial police agency. , People’s Committees of districts, towns, provincial cities, People’s Committees of communes, wards and townships where the notary office is located.
Posting the contents of registration of operation of the Notary Office
1. Within 30 days from the date of being granted the operation registration certificate, the notary office must publish in three consecutive issues the central newspaper or the local newspaper where it registers its operation the following contents:
a) Name and address of the head office of the notary office;
b) Full name and number of appointment decision of the notary public practicing at the notary office;
c) Number, date, month and year of issuance of operation registration certificate, place of operation registration and operation commencement date.
2. In case of being re-granted an operation registration certificate, the notary office must publish a notice on the operation registration contents as prescribed in Clause 1 of this Article.
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Frequently asked questions
The general notary public of the Notary Office may terminate the partnership membership at his/her own will or in other cases prescribed by law.
The notary office has the right to accept a new partnership notary if that notary is approved by the remaining notary public.
a) Having practiced notarial practice for 02 years or more, for the person who is expected to take over the position of Head of the notary office;
b) Commitment to practice at the notary office to which he/she receives the assignment;
c) Commitment to inherit the rights and obligations of the transferred Notary Office.
A notary office shall have its decision to permit its establishment revoked in the following cases:
a) The notary office fails to register its operation as prescribed in Article 23 of this Law;
b) After 06 months from the date of issuance of the operation registration certificate, the notary office has not started its operation;
c) Notary offices have not operated continuously for 3 months or more, unless all notaries in partnership are temporarily suspended from notarial practice;
d) The notary office has only one general notary and fails to add a new general partner within 06 months from the date of lack of a general partner;
đ) All notary public partners of the notary office who have been dismissed die or are declared dead by the court;
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