Are notary offices and notary bureaus the same? What are the instructions for establishment of notary offices in Vietnam?
Vietnam: Are notary offices and notary bureaus the same?
Pursuant to the provisions of Article 19 of the Law on Notarization 2014, there is the following content:
Notary bureaus
1. Notary bureaus shall be established under decisions of provincial-level People’s Committees.
2. Notary bureaus are public non-business units attached to provincial-level Justice Departments, and have their own offices, seals and accounts.
The at-law representative of a notary bureau is the head of such notary bureau. Heads of notary bureaus must be notaries and shall be appointed, relieved from duty and dismissed by chairpersons of provincial-level People’s Committees.
3. The name of a notary bureau must contain the words “notary bureau” followed by the ordinal number of its establishment and the name of the province or centrally run city where it is established.
4. Notary bureaus shall use seals bearing no national emblem. Notary bureaus may have their seals carved and use them after obtaining establishment decisions. Procedures and dossiers of request for seal carving and management and use of seals by notary bureaus must comply with the law on seals.
Pursuant to Article 22 of the Law on Notarization 2014, amended in Clause 9, Article 73 of the Law on Price 2023, regulations on notary offices are as follows:
Notary offices
1. Notary offices shall be 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.
2. 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.
3. The name of a notary office must contain the words “notary office” followed by the full name of its head or another notary being its partner as agreed by all notaries who are partners, and must not be identical to or cause confusion with those of other notarial practice organizations and violate national historical and cultural traditions, ethics and fine customs.
4. 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 prices for on-demand notarization-related services and other lawful sources.
5. 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.
Therefore, comparing the two regulations above, we can see that there are certain differences between notary bureaus and notary offices. We can rely on the following prominent differences to distinguish between notary bureaus and notary offices:
(1) Regarding the legal entity:
Notary bureaus are defined as public career units under the Department of Justice, established by the provincial People's Committee. On the other hand, notary offices are organized and operate as partnerships under the notary public law and other related legal documents.
(2) Regarding the name:
The name of notary bureaus includes the phrase "notary bureaus" followed by the establishment order number and the name of the centrally governed province or city where the notary bureaus are established.
The name of notary offices must include the phrase "notary offices" followed by the name of the Head of the Office or the name of another partner notary public agreed upon by the partner notary publics, which must not be identical or confusing with the name of other notary public professional organizations. It must also not violate the historical, cultural, ethical, and traditional customs of the nation.
Vietnam: Are notary offices and notary bureaus the same? (Image from the Internet)
What are the instructions for establishment of notary offices in Vietnam?
Pursuant to the provisions of Article 23 of the Law on Notarization 2014, the establishment and operation registration of notary offices are guided as follows:
- Notaries who jointly establish a notary office shall compile a dossier of request for establishment of a notary office and submit it to the provincial-level People’s Committee for consideration and decision. A dossier of request for establishment of a notary office must comprise a written request and a scheme on 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.
- Within 20 days after receiving a complete and valid dossier of request for 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.
- 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.
What are the rights of notarial practice organizations in Vietnam?
Pursuant to the provisions of Article 32 of the Law on Notarization 2014, amended in Clause 9, Article 73 of the Law on Price 2023, there are rights of notarial practice organizations as follows:
- To sign employment contracts or labor contracts with notaries prescribed at Points a and c, Clause 1, Article 34 of the Law on Notarization 2014 and other employees.
- To collect notarization charges, notarization prices for on-demand notarization-related services and other expenses.
- To provide notarization services beyond the working hours applicable to state administrative agencies to meet people’s notarization demands.
- To exploit and use information from the notarization database prescribed in Article 62 of the Law on Notarization 2014.
- To exercise other rights as prescribed by this Law and other relevant legal documents.
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