Which Agency Has the Authority to Transfer Notarization Records When the Notary Public Office Ceases Operation?
According to Article 21 of Circular 01/2021/TT-BTP which stipulates the handover of notarization dossiers in case of designating notarization practice organizations to receive the dossiers as follows:
In the event that the Notary Office is dissolved or the Notary Office ceases operation without reaching an agreement with another Notary Office on receiving the notarization dossiers, the Department of Justice shall designate another Notary Office or Notary Office to receive the notarization dossiers before issuing a decision to dissolve the Notary Office or issuing a decision to revoke the operation registration certificate of the Notary Office.
No later than 60 days from the date of the decision to dissolve the Notary Office or the decision to revoke the operation registration certificate of the Notary Office as specified in Clause 1 of this Article, the Department of Justice shall organize the handover of notarization dossiers to the designated organization receiving the notarization dossiers. The handover must have the participation of the Notary Association for the locality where a Notary Association has been established and must be recorded in minutes, signed, and sealed by the Department of Justice and the parties involved; in the case that the transferring party does not sign, it must be clearly stated in the minutes.
In case individuals or organizations responsible for handing over notarization dossiers do not hand over or cannot hand over the dossiers for legitimate reasons, the Department of Justice shall cooperate with relevant local agencies to organize the handover of dossiers to the designated notarization practice organization receiving the dossiers. The handover of notarization dossiers must be documented in minutes as stipulated in Clause 2 of this Article.
Pursuant to the above regulations, when a Notary Office (VPCC) ceases operation but does not reach an agreement with any other VPCC to receive the dossiers, the Department of Justice shall designate a Notary Office or VPCC to receive them.
Respectfully!
