What are the forms of professional practice by notaries in Vietnam? What are the regulations on registration of professional practice for notaries?
- What are the forms of professional practice by notaries in Vietnam?
- What are the regulations on registration of professional practice for notaries of notarial practice organizations in Vietnam?
- Does a notarial practice organization have to purchase professional liability insurance for notaries practicing in their organization?
What are the forms of professional practice by notaries in Vietnam?
Pursuant to the provisions of Article 34 of the 2014 Law on Notarization in Vietnam on forms of professional practice by notaries as follows:
Forms of professional practice by notaries in Vietnam
1. Forms of professional practice by notaries include:
a/ Notaries of notary bureaus;
b/ Notaries being partners of notary offices;
c/ Notaries working under labor contracts at notary offices.
2. The recruitment, management and employment of notaries prescribed at Point a, Clause 1 of this Clause must comply with the law on public employees.
The signing and performance of labor contracts with notaries prescribed at Point c, Clause 1 of this Clause must comply with this Law and the labor law.
Thus, based on the above provisions, the forms of professional practice by notaries include:
- Notaries of notary bureaus;
- Notaries being partners of notary offices;
- Notaries working under labor contracts at notary offices.
What are the forms of professional practice by notaries in Vietnam? What are the regulations on registration of professional practice for notaries? (Image from the Internet)
What are the regulations on registration of professional practice for notaries of notarial practice organizations in Vietnam?
Pursuant to the provisions of Article 35 of the 2014 Law on Notarization in Vietnam on registration of professional practice as follows:
Registration of professional practice
1. Notarial practice organizations in Vietnam shall make professional practice registration for their notaries at provincial-level Justice Departments with which the notarial practice organizations have registered their operation.
Notary offices shall make professional practice registration for their notaries when making operation registration or registration of changes of operation registration contents under Article 23 or 24 of this Law.
Notary bureaus shall make professional practice registration for their notaries after obtaining establishment decisions or recruiting new notaries.
2. Provincial-level Justice Departments shall register notarial practice for and grant notary’s cards to notaries of notarial practice organizations; in case of refusal, they shall issue a written notice clearly stating the reason to notarial practice organizations and notaries.
3. When a notary stops working at a notarial practice organization, this organization shall notify it to the provincial-level Justice Department for deregistration of the practice of this notary. This notary may not sign notarized documents from the date of termination of his/ her partner status or termination of his/her working contract or labor contract with the notarial practice organization.
Thus, notarial practice organizations shall make professional practice registration for their notaries at provincial-level Justice Departments with which the notarial practice organizations have registered their operation.
- Notary offices shall make professional practice registration for their notaries when making operation registration or registration of changes of operation registration contents under Article 23 or 24 of this Law.
- Notary bureaus shall make professional practice registration for their notaries after obtaining establishment decisions or recruiting new notaries.
Does a notarial practice organization have to purchase professional liability insurance for notaries practicing in their organization?
According to Article 37 of the 2014 Law on Notarization in Vietnam, the professional liability insurance of notaries is as follows:
Professional liability insurance for notaries
1. Professional liability insurance for notaries is compulsory insurance. The purchase of professional liability insurance for notaries shall be maintained throughout the operation duration of a notarial practice organization.
2. Notarial practice organizations are obliged to purchase professional liability insurance for their notaries.
Within 10 working days from the date of insurance purchase or the date of modification or extension of contracts on professional liability insurance for notaries, a notarial practice organization shall notify such and send copies of these contracts or the modified or extended contracts to the provincial-level Justice Department.
3. The Government shall stipulate in detail conditions for, premium rates and minimum premiums of, professional liability insurance for notaries.
Thus, based on the above provisions, notarial practice organizations are obliged to purchase professional liability insurance for notaries practicing in their organizations.
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