What are the conditions for transfer of notary offices in Vietnam? What are the procedures for transferring a notary office?
What are the conditions for transfer of notary offices in Vietnam?
According to the provisions of Article 29 of the 2014 Law on Notarization of Vietnam on the conditions for transfer of notary offices, specifically:
- A notary office may be transferred to other notaries who fully meet the prescribed conditions.
A notary who receives a notary office must meet the following conditions:
+ Having practiced notarization for at least 2 years, for persons expected to take over the position of head of the notary office;
+ Undertaking to practice at the notary office transferred to him/her;
+ Undertaking to inherit the rights and obligations of the transferred notary office.
- A notary office may be transferred only after it has conducted notarial activities for at least 2 years.
Note: Notaries who have transferred their notary offices may not participate in the establishment of new notary offices within 5 years from the date of transfer.
What are the conditions for transfer of notary offices in Vietnam? What are the procedures for transferring a notary office? (Image from the internet)
What does the application for transfer of notary offices in Vietnam include?
According to Clause 1, Article 15 of Decree 29/2015/ND-CP of Vietnam, a notary office wishing to transfer shall submit 01 (one) set of transfer dossier at the Department of Justice where its operation is registered.
Transfer of private notary offices
1. Any entity that wishes to transfer a private notary office as prescribed in Article 29 of the Law on Notarization shall submit 01 application for transfer to the Department of Justice where the private notary office is registered. The application consists of:
a) The transfer contract, specifying the name, address, list of partner notaries of the private notary office; names, numbers of decisions of designation for the transferee notaries; transfer price, payment and procedures for transfer of the private notary office; rights and obligations of both parties, and relevant information.
The transfer contract must bear the signatures of partner notaries of the private notary office being transferred, the transferee notaries, and must be notarized;
b) Written commitments of transferee notaries to inherit every right, obligation, unfinished notarization orders, and documents of the private notary office being transferred;
c) Statistics of notarized documents of the private notary office being transferred;
d) Copies of Decision of designation of transferee notaries; documents proving that the intended head of the private notary office has worked as a notary for 02 years or longer;
dd) The permissions for establishment and Certificate of registration of the private notary office being transferred;
e) Tax declarations and audited financial statements of the last 03 years of the private notary office being transferred.
Thus, the application for transfer of notary offices in Vietnam includes:
- The transfer contract, specifying:
+ The name, address, list of partner notaries of the private notary office;
+ Names, numbers of decisions of designation for the transferee notaries;
+ Transfer price, payment and procedures for transfer of the private notary office;
+ Rights and obligations of both parties, and relevant information.
The transfer contract must bear the signatures of partner notaries of the private notary office being transferred, the transferee notaries, and must be notarized;
- Written commitments of transferee notaries to inherit every right, obligation, unfinished notarization orders, and documents of the private notary office being transferred;
- Statistics of notarized documents of the private notary office being transferred;
- Copies of Decision of designation of transferee notaries; documents proving that the intended head of the private notary office has worked as a notary for 02 years or longer;
- The permissions for establishment and Certificate of registration of the private notary office being transferred;
- Tax declarations and audited financial statements of the last 03 years of the private notary office being transferred.
What are the procedures for transferring a notary office?
The procedures of transfer of a notary office is specified in Clause 2, Article 15 of Decree 29/2015/ND-CP of Vietnam, including the following steps:
Transfer of private notary offices
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2. Within 20 days from the day on which sufficient and valid documents prescribed in Clause 1 of this Article are received, the Department of Justice shall seek opinions from socio-professional organizations of notaries and request the People’s Committee of the province to consider permitting the transfer.
Within 15 days from the day on which the request of the Department of Justice is received, the People’s Committee of the province shall consider permitting the transfer. If the transfer is rejected, explanation must be provided in writing.
Thus, the transfer of the notary office is carried out as follows:
- Step 1: Submit your application
The notary office that wishes to transfer shall submit a set of documents according to item (2) at the Department of Justice where its operation is registered.
- Step 2: Process the application:
Within 20 days from the day on which sufficient and valid documents prescribed in Clause 1 of this Article are received, the Department of Justice shall seek opinions from socio-professional organizations of notaries and request the People’s Committee of the province to consider permitting the transfer.
- Step 3: Decide
Within 15 days from the day on which the request of the Department of Justice is received, the People’s Committee of the province shall consider permitting the transfer. If the transfer is rejected, explanation must be provided in writing.
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