Are the Parties Required to be Present When Canceling a Previously Notarized Contract?
Are the parties required to be present at the cancellation of previously notarized contracts?
Question:
According to the regulations, when canceling a previously notarized contract, are the parties required to be present? Looking forward to your response.
Answer:
According to Article 51 of the Law on Notarization 2014, it is stipulated:
The notarization of amendments, supplements, cancellations of contracts, transactions that have been notarized shall only be carried out when there is a written agreement or commitment from all the parties involved in such contracts or transactions.
The notarization of amendments, supplements, cancellations of notarized contracts, transactions shall be done at the notarial practice organization that performed the notarization and be carried out by a notary. In cases where the notarial practice organization that performed the notarization ceases to operate, undergoes transformation, transfer, or dissolution, a notary from the notarial practice organization storing the notarization dossier shall carry out the amendments, supplements, cancellations of the contracts, transactions.
The procedures for notarizing the amendments, supplements, cancellations of notarized contracts, transactions shall be carried out as per the procedures for notarization of contracts, transactions stipulated in this chapter.
Thus, for the cancellation of a previously notarized contract, it is mandatory that the parties involved in the such contract or transaction be present.
Which agency decides on the establishment of a notary office?
Question:
I am residing in Hai Duong. May I ask: In my district, I frequently notarize documents at Notary Office No. 1. However, can you tell me which agency decides on the establishment of the notary office and whether there is a legal representative?
Answer:
Based on Clauses 1 and 2 of Article 19 of the Law on Notarization 2014 regarding notary offices:
Notary offices are established by decision of the Provincial People's Committee.
Notary offices are public service providers affiliated with the Department of Justice, having their own headquarters, seals, and accounts.
The legal representative of a Notary office is the Head of the office. The Head must be a notary and is appointed, dismissed, or removed by the Chairman of the Provincial People's Committee.
Thus, the notary office is established by decision of the Provincial People's Committee and has a legal representative as stipulated.
Is there a required period of practice to become the Head of a notary office?
Question:
According to current regulations, is there a required period of practice to become the Head of a notary office? Looking forward to your response.
Answer:
According to Clause 2 of Article 22 of the Law on Notarization 2014, it is stipulated:
The legal representative of a Notary office is the Head of the office. The Head of a notary office must be a partner notary of the notary office and must have practiced notarization for 02 years or more.
Thus, as per the above regulation, to become the Head of a notary office, one must be a partner notary and have practiced notarization for at least 02 years.
Sincerely!
