What are working days of notary offices in Vietnam?
What are working days of notary offices in Vietnam? - Mr. Nha (Ha Noi).
What are working days of notary offices in Vietnam?
Pursuant to Clause 3 Article 33 of the Law on Notarization in 2014 stipulating obligations of notarial practice organizations as follows:
Obligations of notarial practice organizations
1. To manage notaries practicing at their organizations in observing law and rules on notarial practice ethics;
2. To comply with the laws on labor, tax, finance and statistics.
3. To apply the working hours applicable to state administrative agencies.
4. To post up working timetables, notarization procedures, rules on receipt of notarization requesters, and rates of notarization charges and notarization remuneration and other expenses at their head offices.
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Pursuant to Clause 3 Article 32 of the Law on Notarization in 2014 stipulating rights of notarial practice organizations as follows:
Rights of notarial practice organizations
1. To sign employment contracts or labor contracts with notaries prescribed at Points a and c, Clause 1, Article 34 of this Law and other employees.
2. To collect notarization charges, notarization remuneration and other expenses.
3. To provide notarization services beyond the working hours applicable to state administrative agencies to meet people’s notarization demands.
4. To exploit and use information from the notarization database prescribed in Article 62 of this Law.
5. To exercise other rights as prescribed by this Law and other relevant legal documents.
Thus, the Notary Office implements the working day and hour of state administrative agencies, which means it will work from Monday to Friday and rest on Saturday and Sunday.
However, notary offices are still entitled to provide notarization services outside the working days and hours of state administrative agencies to meet the notarization needs of the people. Therefore, depending on each notary office, notary offices can work on Saturday and even Sunday.
What are cases of revocation of establishment permission decision of a notary office in Vietnam?
Pursuant to Clause 1 Article 30 of the Law on Notarization in 2014, a notary office may have its establishment permission decision revoked in the following cases:
- The notary office fails to register its operation as prescribed in Article 23 of this Law;
- 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.
Do notary offices in Vietnam have no capital contributors?
Pursuant to Clause 1 Article 22 of the Law on Notarization in 2014 stipulating notary offices as follows:
Notary offices
1. Notary offices shall be organized and operate in accordance with this Law and other relevant legal documents concerning partnerships.
A notary office must have at least 2 notaries being its partners. Notary offices have no capital contributors.
2. The at-law representative of a notary office shall act as its head. The head of a notary office must be a notary who is its partner and has practiced notarization for at least 2 years.
3. The name of a notary office must contain the words “notary office” followed by the full name of its head or another notary being its partner as agreed by all notaries who are partners, and must not be identical to or cause confusion with those of other notarial practice organizations and violate national historical and cultural traditions, ethics and fine customs.
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As regulations above, a notary office must have at least 2 notaries being its partners. Notary offices have no capital contributors.
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