Will a notary office with only one notary be terminated its operation in Vietnam?
My office currently has only one notary. Because the other notary died from an accident, it has been more than 6 months so far. Will my office be terminated or not?
Will a notary office with only one notary be terminated its operation in Vietnam?
Pursuant to Clause 1, Article 30 of the Law on Notary 2014 stipulates revocation of establishment permission decisions as follows:
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.
Thus, in your above case, the time for adding the notary has passed but the notary has yet to be added, so the establishment permission decision will be revoked in Vietnam.
According to the provisions of Clause 1, Article 31 of the Law on Notary 2014, termination of operation of notary offices is as follows:
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.
According to this Article, because of the withdrawal of establishment decision, the Notary Office will be terminated.
Best Regards!