The following article covers the contents regarding notarization practice organizations in Vietnam, including which organizations will be regulated from July 1, 2025, as stipulated in the Law on Notarization 2024.
Which organizations will be authorized for notarization practice in Vietnam from July 1, 2025? (Image from the Internet)
According to the provisions of Article 19 of the Notarization Law 2024, the organizations practicing the notarization practice in Vietnam are as follows:
- Organizations practicing notarization practice include:
+ Notarial Office
++ The Notarial Office is established by a decision of the Provincial People's Committee.
++ The Notarial Office is a public service provider under the Department of Justice, with its own headquarters, seal, and account, organized and operating under the provisions of the Notarization Law 2024, legislation on public service providers, and meeting the following conditions:
+++ Having two notaries or more; in districts where a Private Enterprise Notarial Office is established, the Notarial Office may have one notary;
+++ Having a headquarters meeting the conditions prescribed by the Government of Vietnam.
++ The legal representative of the Notarial Office is the Head of the Notarial Office, appointed, dismissed, and removed by the Director of the Department of Justice in accordance with the law. The Head of the Notarial Office must be a notary and have been practicing the notarial profession for a minimum of two years.
++ The name of the Notarial Office includes the phrase "Notarial Office" followed by the establishment number and the name of the province or centrally managed city where the Notarial Office is established.
++ The seal of the Notarial Office does not contain the national emblem. The Notarial Office may engrave and use the seal after the establishment decision. The procedures and dossiers for seal engraving shall comply with the provisions of the law on seals.
++ The announcement of information regarding the establishment, conversion, dissolution of the Notarial Office is carried out in accordance with the regulations of the Government of Vietnam.
+ Notary Office
++ The Notary Office is organized and operates in accordance with the Notarization Law 2024 and other relevant laws for partnership companies; in district-level administrative units with low population density, underdeveloped infrastructure and services, and difficulties in establishing a Notary Office in the form of a partnership company, the Notary Office is organized and operates according to the Notarization Law 2024 and other relevant laws regarding partnership companies and private enterprises.The Government of Vietnam prescribes the list of district-level administrative units where a Private Enterprise Notary Office can be established and operated, and the transformation of Notary Office types in these administrative units.
++ The Notary Office is organized and operates as a partnership company must have two or more unlimited liability partners and no capital-contributing members. The unlimited liability partners must be notaries and have equal rights in deciding the issues of the Notary Office. The Head of the Notary Office must be an unlimited liability partner of the Notary Office and have been practicing the notarial profession for a minimum of two years.The Notary Office organized and operates as a private enterprise, the owner of the private enterprise is also the Head of the Notary Office and must be a notary who has practiced the notarial profession for a minimum of two years.
++ The Head of the Notary Office is the legal representative of the Notary Office, responsible for managing and operating the activities of the Notary Office; not allowed to hire others to manage the Notary Office, nor lease the Notary Office.
++ The name of the Notary Office includes the phrase "Notary Office" and a unique Vietnamese name chosen by the unlimited liability partners for a partnership company-based Notary Office or chosen by the notary who is the Head of the Notary Office for a privately-owned Notary Office, ensuring the following requirements:
+++ Not to use the name of state agencies, units of the people's armed forces, political organizations, socio-political organizations, socio-professional political organizations, social organizations, or socio-professional organizations as part or all of the specific name of the Notary Office;
+++ Not to duplicate or cause confusion with the name of other notarial practicing organizations operating nationwide;
+++ Not to use words or symbols that violate national historical, cultural, ethical traditions, and customs.
++ The Notary Office must have headquarters meeting the conditions prescribed by the Government of Vietnam.The Notary Office has its own seal and account, operating on the principle of financial autonomy from notarization fees, related service fees upon request, and other lawful revenues as stipulated by law.
++ The seal of the Notary Office does not contain the national emblem. The Notary Office may engrave and use the seal after being issued an operational registration certificate. The procedures and dossiers for seal engraving shall comply with the provisions of the law on seals.
Organized and operated according to the provisions of the Notarization Law 2024 and other related laws.
- The Ministry of Justice is responsible for developing and submitting to the Government of Vietnam to promulgate a strategy for development in the notarial field; guiding localities in developing a management and development scheme for notarial practice organizations.
- The Provincial People's Committee is responsible for issuing management and development schemes for notarial practice organizations; considering and deciding the transfer of authentication transactions from district-level Justice Department, communal People's Committee to notarial practice organizations in developed district-level areas meeting the requirements of individuals and organizations' notarization as prescribed by the Government of Vietnam.
Refer to the Notarization Law 2024 effective from July 1, 2025.
The Notarization Law 2014 ceases to be effective from the date the Notarization Law 2024 takes effect, except as specified in clauses 1, 2, 3, 6, 7, 9, 11, 12, and 14 of Article 76 of the Notarization Law 2024.
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