Vietnam: Does a notary office that has been granted an operating license for 6 months but has not operated have its establishment decision revoked?
- What are the dossiers of operation registration and the deadline for granting a written operation registration to the notary office?
- Does a notary office that has been granted an operating license for 6 months but has not operated have its establishment decision revoked?
- When is the operation of notary offices terminated?
What are the dossiers of operation registration and the deadline for granting a written operation registration to the notary office?
According to Clause 4, Article 23 of the 2014 Law on Notarization in Vietnam on the establishment and operation registration of notary offices in Vietnam as follows:
Establishment and operation registration of notary offices in Vietnam
…
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.
Thus, the dossiers of operation registration and the deadline for granting a written operation registration to the notary office are specified as above.
Vietnam: Does a notary office that has been granted an operating license for 6 months but has not operated have its establishment decision revoked? (Image from the Internet)
Does a notary office that has been granted an operating license for 6 months but has not operated have its establishment decision revoked?
According to Article 30 of the 2014 Law on Notarization in Vietnam stipulating the revocation of establishment permission decisions as follows:
Revocation of establishment permission decisions
1. A notary office may have its establishment permission decision revoked in the following cases:
a/ The notary office fails to register its operation as prescribed in Article 23 of this Law;
b/ Past the 6-month period from the date of receiving the written operation registration, the notary office still fails to commence its operation;
c/ 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;
d/ 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;
dd/ All notaries being partners of the notary office are relieved from duty, die or are declared by a court to be dead;
e/ The notary office no longer satisfies the operation conditions prescribed in this Law and other relevant legal documents.
2. Provincial-level Justice Departments shall examine, review and make dossiers to propose provincial-level People’s Committees to issue decisions to revoke decisions permitting the establishment of notary offices.
Thus, according to regulations, if past the 6-month period from the date of receiving the written operation registration, the notary office still fails to commence its operation, the establishment decision will be revoked.
When is the operation of notary offices terminated?
According to Article 31 of the 2014 Law on Notarization in Vietnam, the termination of operation of notary offices is as follows:
Termination of operation of notary offices in Vietnam
1. A notary office shall terminate its operation in the following cases:
a/ The notary office terminates its operation at its own will;
b/ The notary office has its establishment decision revoked under Article 30 of this Law;
c/ The notary office is consolidated or merged.
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.
3. In case a notary office terminates its operation under Point b, Clause 1 of this Article, within 7 working days after a decision on revocation of the notary office’s establishment permission decision is issued, the provincial-level Justice Department shall revoke the notary office’s written operation registration, notify in writing its operation termination to the agencies prescribed in Article 25 of this Law and, at the same time, publish information on the operation termination of the notary office on three consecutive issues of a central newspaper or a newspaper of the locality where the notary office has registered its operation.
Within 60 days after having its establishment permission decision revoked, a notary office shall fully pay its tax and other liabilities, complete procedures to terminate labor contracts signed with notaries and other employees; for notarization requests it has received but not yet settled, the notary office shall return notarization request dossiers to notarization requesters. Past this time limit, if the notary office still fails to fulfill its asset-related liabilities or the notary office has its establishment permission decision revoked because all of its partners die or are declared by a court to be dead, assets of the notary office and its partners shall be used to pay its liabilities in accordance with the civil law.
Thus, 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 under Article 30 of this Law;
- The notary office is consolidated or merged.
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