What is the prescribed number of notaries of the notary office in Vietnam? What is included in the dossier of operation registration for a notary office in Vietnam?
What is the prescribed number of notaries of the notary office in Vietnam?
According to Article 22 of the 2014 Law on Notarization of Vietnam, notary offices are regulated 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 remuneration 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.
Thus, based on the above provisions, a notary office must have at least 2 notaries being its partners. Notary offices have no capital contributors.
What is the prescribed number of notaries of the notary office in Vietnam? What is included in the dossier of operation registration for a notary office in Vietnam? (Image from the Internet)
What is included in the dossier of operation registration for a notary office in Vietnam?
Pursuant to Article 23 of the 2014 Law on Notarization of Vietnam stipulating the establishment and operation registration of notary offices as follows:
Establishment and operation registration of notary offices
1. 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.
2. 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.
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 shall issue a written operation registration to the notary office; in case of refusal, it shall issue a written reply clearly stating the reason.
5. A notary office may conduct notarial activities on the date it is granted a written operation registration by the provincial-level Justice Department.
Thus, according to regulations, 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
- Professional practice registration dossiers of notaries being its partners and contractual notaries (if any).
Does a notary office that wants to change the name of a notary office have to register changed contents at the Department of Justice?
According to the provisions of Article 24 of the 2014 Law on Notarization of Vietnam (amended by Clause 2, Article 2 of the 2018 Law on amendments to some Articles concerning planning of 11 Laws) stipulating as follows:
Changes of contents of operation registration of notary offices
1. In the case of any changes to one of the contents specified in Clause 3 Article 23 of this Law, the notary office shall register changed contents at the Department of Justice with which it has registered its operation.
2. Within 7 working days after receiving a complete dossier of request, the provincial- level Justice Department shall re-grant the written operation registration to a notary office which changes its name, address or head; in case of refusal, it shall issue a written reply clearly stating the reason.
Thus, based on the above provisions, the notary office that wants to change the name of the notary office must register the changed content at the Department of Justice with which it has registered its operation.
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