Can a Notary Public Office be Converted to a Notary Office?
Can a Public Notary Office Be Converted into a Notary Office? Is it Permitted to Open a Branch of a Notary Office? How Many Notary Offices Can a Notary Public Establish?
Can a Public Notary Office be converted into a Notary Office?
I have heard that a Public Notary Office can be converted into a Notary Office. So when can a Public Notary Office be converted into a Notary Office?
Answer:
According to Clause 1, Article 21 of the 2014 Law on Notarization, it provides for the conversion of a Public Notary Office into a Notary Office. Specifically:
"In cases where it is unnecessary to maintain the Public Notary Office, the Department of Justice shall draft a plan to convert the Public Notary Office into a Notary Office and submit it to the provincial People's Committee for consideration and decision.
The Government of Vietnam shall provide detailed regulations on the conversion of Public Notary Offices into Notary Offices."
Moreover, according to Article 5 of Decree 29/2015/ND-CP, there are 02 cases where the conversion of a Public Notary Office into a Notary Office can be considered, specifically in the following 02 cases:
- In districts where the number of notarization practice organizations established according to the Master Plan on the Development of Notarization Practice Organizations approved by the Prime Minister of the Government of Vietnam is sufficient, and the number of Notary Offices exceeds the number of Public Notary Offices.
- In districts where the number of notarization practice organizations established according to the Master Plan on the Development of Notarization Practice Organizations approved by the Prime Minister of the Government of Vietnam is not sufficient, but there are at least 02 Notary Offices that have been operating stably for 02 years or more from the date of registration.
These are the cases where the conversion of a Public Notary Office into a Notary Office can be considered.
Is it possible to open a branch of a notary office?
I understand that a law office can open a branch. So, may I ask if a notary office can open a branch? Looking forward to your response.
Answer:
At Clause 1, Article 7 of the 2014 Law on Notarization, it stipulates:
Article 7. Prohibited Acts
- It is strictly prohibited for notaries and notarization practice organizations to perform the following acts:
....Setting up branches, representative offices, bases, and other transaction locations outside the head office of the notarization practice organization; carrying out production, business, and service activities beyond the scope of the registered activities.
Thus, according to the above regulation, notarization practice organizations or notary offices cannot set up branches or representative offices for notary practice.
How many notary offices can one notary establish?
May I ask the editorial board, according to current law regulations, how many notary offices can one notary establish? Looking forward to your response.
Answer:
At Point k, Clause 1, Article 7 of the 2014 Law on Notarization, it stipulates:
Article 7. Prohibited Acts
- It is strictly prohibited for notaries and notarization practice organizations to perform the following acts:
....k) Notaries concurrently practicing at two or more notarization practice organizations or holding a regular secondary job;
Thus, according to the above regulation, a notary can only co-found and establish one notary office. They may only work at that notary office and be responsible for its operations.
Sincerely!
