03 Cases of termination of operation of notary offices in Vietnam

I would like to know what the cases of termination of operation of notary offices in Vietnam are. - asked by Diem Huong (Tra Vinh, Vietnam)

03 Cases of termination of operation of notary offices in Vietnam (Illustration)

1. What is a Notary Office?

Pursuant to Clause 5, Article 2 of Vietnam's Law on Notarization 2014, regulations on notarial practice organizations include:

- Notary bureaus;

- Notary offices;

Notarial practice organizations are oorganized and operating in accordance with the provisions of the Law on Notary 2014 and other relevant legislative documents.

2. Operation of notary offices

Article 22 of Vietnam's Law on Notary 2014 stipulates notary offices as follows:

Regarding the organizational structure:

- Notary offices are organized and operate according to the provisions of the Law on Notary 2014 and other relevant legislative documents concerning partnerships.

A notary office must have at least 2 notaries being its partners. Notary offices have no capital contributors.

- 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.

Regarding the name of the Notary Office:

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.

Regarding the legal status of the Notary Office:

- Notary offices must have head offices satisfying the conditions prescribed by the Government.

- Notary offices may have their own seals and accounts and shall operate on the principle of financial autonomy with their revenues coming from notarization charges, notarization remuneration and other lawful sources.

Procedures and dossiers of request for permission for seal carving and management and use of seals of notary offices must comply with the law on seals.

3. Cases of termination of operation of notary offices

Article 31 of Vietnam's Law on Notary 2014 stipulates that a notary office terminates its operation in the following cases:

- The notary office terminates its operation at its own will;

- The notary office has its establishment decision revoked under Article 30 of Vietnam's Law on Notary 2014;

- The notary office is consolidated or merged.

3.1. The notary office itself ceases to operate in Vietnam

In case of terminating its operation under this case, at least 30 days before the expected time of operation termination, a notary office shall send a report to the provincial-level Justice Department with which it has registered its operation.

Before the time of operation termination, the notary office shall fully pay its tax and other liabilities, complete procedures to terminate labor contracts signed with notaries and other staff members and settle notarization requests already received. If unable to settle notarization requests it has received, the notary office shall reach agreement with notarization requesters on the performance of such requests.

3.2. Notary office has its establishment permit revoked in Vietnam

In case a notary office terminates its operation under this case:

Within 7 working days after a decision on revocation of the notary office’s establishment permission decision is issued, the provincial-level Justice Department shall revoke the notary office’s written operation registration, notify in writing its operation termination to the agencies prescribed in Article 25 of the Law on Notarization 2014. 

At the same time, publish information on the operation termination of the notary office on three consecutive issues of a central newspaper or a newspaper of the locality where the notary office has registered its operation.

Within 60 days after having its establishment permission decision revoked, a notary office shall fully pay its tax and other liabilities, complete procedures to terminate labor contracts signed with notaries and other employees; for notarization requests it has received but not yet settled, the notary office shall return notarization request dossiers to notarization requesters.

Past this time limit, if the notary office still fails to fulfill its asset-related liabilities or the notary office has its establishment permission decision revoked because all of its partners die or are declared by a court to be dead, assets of the notary office and its partners shall be used to pay its liabilities in accordance with the civil law.

 

3.3. The notary office is consolidated or merged in Vietnam

In case a notary office terminates its operation under this case, its rights and obligations shall be further exercised and performed by the consolidating or merging notary office.

Note: A notary office shall publish information on the expected time of its operation termination on three consecutive issues of a central newspaper or a newspaper of the locality where it has registered its operation.

The provincial-level Justice Department shall revoke the written operation registration of the notary office and report such to the provincial-level People’s Committee for the latter to revoke its establishment permission decision and notify in writing the operation termination of the notary office to the agencies prescribed in Article 25 of the Law on Notarization 2014.

Ngoc Nhi

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