Vietnam: In what cases does the notary office terminate its operation? What are the procedures for termination of operation of notary offices at its own will?
In what cases does the notary office terminate its operation?
Pursuant to the provisions of Clause 1, Article 31 of the 2014 Law on Notarization in Vietnam, a notary office shall terminate its operation in the following cases:
- The notary office terminates its operation at its own will;
- The notary office has its establishment decision revoked in the following cases:
+ The notary office fails to register its operation as prescribed in Article 23 of the 2014 Law on Notarization in Vietnam;
+ Past the 6-month period from the date of receiving the written operation registration, the notary office still fails to commence its operation;
+ The notary office fails to operate continuously for 3 months or more, except cases in which all notaries being its partners are suspended from notarial practice;
+ The notary office has only one notary being its partner and no new partner added within 6 months from the date when the number of notaries being its partners becomes insufficient;
+ All notaries being partners of the notary office are relieved from duty, die or are declared by a court to be dead;
+ The notary office no longer satisfies the operation conditions prescribed in this Law and other relevant legal documents.
- The notary office is consolidated or merged.
Vietnam: In what cases does the notary office terminate its operation? What are the procedures for termination of operation of notary offices at its own will?
How does the notary office terminate its operation at its own will?
Pursuant to Clause 2, Article 31 of the 2014 Law on Notarization in Vietnam stipulating as follows:
Termination of operation of notary offices in Vietnam
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2. In case of terminating its operation under Point a, Clause 1 of this Article, at least 30 days before the expected time of operation termination, a notary office shall send a report to the provincial-level Justice Department with which it has registered its operation. Before the time of operation termination, the notary office shall fully pay its tax and other liabilities, complete procedures to terminate labor contracts signed with notaries and other staff members and settle notarization requests already received. If unable to settle notarization requests it has received, the notary office shall reach agreement with notarization requesters on the performance of such requests.
In case a notary office terminates its operation under Point c, Clause 1 of this Article, its rights and obligations shall be further exercised and performed by the consolidating or merging notary office.
A notary office shall publish information on the expected time of its operation termination on three consecutive issues of a central newspaper or a newspaper of the locality where it has registered its operation.
The provincial-level Justice Department shall revoke the written operation registration of the notary office and report such to the provincial-level People’s Committee for the latter to revoke its establishment permission decision and notify in writing the operation termination of the notary office to the agencies prescribed in Article 25 of this Law.
According to the above provisions, the procedures for termination of operation of notary offices at its own will are as follows:
- At least 30 days before the expected time of operation termination, a notary office shall send a report to the provincial-level Justice Department with which it has registered its operation.
- Before the time of operation termination, the notary office shall fully pay its tax and other liabilities, complete procedures to terminate labor contracts signed with notaries and other staff members and settle notarization requests already received.
- A notary office shall publish information on the expected time of its operation termination on three consecutive issues of a central newspaper or a newspaper of the locality where it has registered its operation.
- The provincial-level Justice Department shall revoke the written operation registration of the notary office and report such to the provincial-level People’s Committee for the latter to revoke its establishment permission decision and notify in writing the operation termination of the notary office to the agencies where the notary office is located, including:
+ Tax agency
+ Statistics agency
+ Provincial-level Public Security Department
+ The People’s Committee of the rural district, urban district, town or provincial city and the People’s Committee of the commune, ward or township
What is the time limit for the Department of Justice to revoke the operation registration certificate of the notary office after it is shut down by the owner?
Pursuant to the provisions of Article 20 of Circular No. 01/2021/TT-BTP stipulating as follows:
Termination of operation of private notary offices in Vietnam
1. The termination of operation of a private notary office shall comply with the provisions of Article 31 of the Notarization Law.
2. In case the private notary office terminates its operation by itself, within 07 working days from the date on which the private notary office completes the procedures for operation termination as prescribed in Clause 2, Article 31 of the Notarization Law, the Department of Justice shall revoke the operation registration certificate of the private notary office.
According to the above provisions, within 07 working days from the date on which the private notary office completes the procedures for operation termination, the Department of Justice shall revoke the operation registration certificate of the private notary office.
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