Vietnam: What are notary departments and notary offices? How are these two organizations different?
- What is a notary department? How is the procedure for establishing a notary office regulated in Vietnam?
- What is a notary office? How is the procedure for establishing a Notary Office regulated in Vietnam?
- How are notary offices and notary offices the same and different according to Vietnamese regulations?
What is a notary department? How is the procedure for establishing a notary office regulated in Vietnam?
A notary department is a notary practice organization.
According to the provisions of Clause 1, Article 22 of the Vietnam Law on Notary Public 2014, notary offices are organized and operated in accordance with the provisions of this Vietnam Law and other relevant legal documents for the type of partnership.
Pursuant to Article 23 of the Vietnam Law on Notary Public 2014, the procedure for establishing a notary office is prescribed 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.
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).
- 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.
- A notary office may conduct notarial activities on the date it is granted a written operation registration by the provincial-level Justice Department.
Vietnam: What are notary departments and notary offices? How are these two organizations different?
What is a notary office? How is the procedure for establishing a Notary Office regulated in Vietnam?
The notary office is a notary practice organization. Pursuant to Clause 2, Article 19 of the Vietnam Law on Notary Public 2014, the Notary Office is a public non-business unit under the Department of Justice, decided to be established by the People's Committee of the province.
Pursuant to Article 20 of the Vietnam Law on Notary Public 2014, the procedure for establishing a notary office is prescribed as follows:
- Based on the notarization demand in its locality, a provincial-level Justice Department shall assume the prime responsibility for, and coordinate with the provincial-level Departments of Planning and Investment; Finance; and Home Affairs in, preparing a scheme on establishment of a notary bureau and submit it to the provincial-level People’s Committee for consideration and decision. The scheme must state the necessity to establish a notary bureau, its expected organizational apparatus, name, personnel, location and physical conditions, and implementation plan.
- Within 30 days after the provincial-level People’s Committee issues a decision on establishment of a notary bureau, the provincial-level Justice Department shall publish the following information on three consecutive issues of a central or local newspaper:
+ Name and address of the notary bureau;
+ Serial number and date of issuance of the establishment decision and the date of commencement of operation of the notary bureau.
- In case the provincial-level People’s Committee decides to change the name or address of a notary bureau, the provincial-level Justice Department shall publish information on such changes in accordance with Clause 2 of this Article.
How are notary offices and notary offices the same and different according to Vietnamese regulations?
Same:
Pursuant to Clause 5, Article 2 of the Vietnam Law on Notary Public 2014, the Notary Office and the Notary Office are both notary practice organizations.
Different:
However, between the Notary Department and the Notary Office, there are differences in organization and operation as follows:
- About the form of establishment:
+ Notary office is a public non-business unit under the Department of Justice, with its own headquarters, seal and account. And it is decided by the Provincial People's Committee to establish it. (Clause 1,2 Article 19 of the Vietnam Law on Notarization 2014)
+ Notary offices are organized and operate in the form of partnerships. The notary office must have two or more general notaries. The notary office does not have a capital contributor. (Clause 1, Article 22 of the Vietnam Law on Notarization 2014)
- Representative:
+ The legal representative of the Notary Department is the Head of the Department. The head of the notary department must be a notary, appointed, dismissed or dismissed by the president of the provincial People's Committee. (Clause 2, Article 19 of the Vietnam Law on Notarization 2014)
+ The legal representative of the Notary Office is the Head of the Office. The Head of the Notary Office must be a general notary of the Notary Office and have practiced notary for 02 years or more. (Clause 1, Article 22 of the Vietnam Law on Notarization 2014)
-Name:
+ The name of the Notary Office includes the phrase "Notary Office" with the number of the order of establishment and the name of the province or centrally-run city where the Notary Office was established. (Clause 3, Article 19 of the Vietnam Law on Notarization 2014)
+ The name of the notary office must include the phrase "Notary Office" accompanied by the full name of the Head of Office or the full name of another notary general of the Notary Office agreed upon by the general notaries, must not coincide or confuse with the name of another notary practice organization, must not violate the historical, cultural, moral and fine traditions of the nation. (Clause 3, Article 22 of the Vietnam Law on Notarization 2014)
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