Mandatory strict review of the application for establishing a notary office in Vietnam

With the situation of notary offices being established without basing on the demand for notarization; the relocation of the Notary Office from districts to the centers of districts, district-level towns, and cities under the province leading to unhealthy competition, affecting the sustainable development of the notary profession, posing the risk of legal violations by some notary practicing organizations, notaries, and failing to meet the notarization needs of contracts and transactions of individuals and organizations in the districts and remote areas.

Mandatory strict review of the application for establishing a notary office in Vietnam​ (Illustration)

Resolution 172/NQ-CP has proposed solutions for the development of notary practicing organizations to ensure stable and sustainable development in line with socio-economic development at the district level through the following activities:

1. Promulgate criteria for reviewing application dossiers for establishing Notary Office in Vietnam

- The criteria must assess the necessity of establishing a Notary Office based on the need for notarization, socio-economic development conditions at the district level, and ensure the feasibility and stable, sustainable operation of the Notary Office after its establishment.

- The permission to establish a new Notary Office or change the location of the Notary Office's headquarters from one district-level area to another must comply with the promulgated criteria, legal regulations, and the development orientation of notary practicing organizations stipulated in this Resolution.

2. State management in notarization activities at the local level in Vietnam

To meet the requirement for continued private investment in notarization activities, ensuring the development of the notary profession in line with the orientation of the Law on Notarization, this Resolution, and the socio-economic development situation of the locality.

3. Inspect application dossiers for establishing Notary Office in Vietnam

Strictly implement the inspection of application dossiers for establishing a Notary Office and changing the location of the Notary Office's headquarters from one district-level area to another, ensuring compliance with the promulgated criteria and the orientation of this Resolution.

4. Convert the activities of eligible Notary Offices to a self-management mechanism in Vietnam

- Promote the conversion of the activities of eligible Notary Offices to a self-management mechanism, taking responsibility on the basis of the State implementing a roadmap to ensure operational funding for a limited time in accordance with the spirit of Resolution No. 19-NQ/TW;

- Maintain financially independent Notary Offices to play a leading role in providing notary services;

- Convert or dissolve ineffective Notary Offices in areas where Notary Offices have met the notarization needs;

- In difficult areas where private investment in notarization activities is not yet feasible, Notary Offices may be established to meet the notarization needs of individuals and organizations.

Additionally, Resolution 172/NQ-CP also proposes solutions to improve mechanisms, policies, and laws to create conditions for stable and sustainable development of notarization activities with the following contents:

- Study and propose amendments and supplements to the Law on Notarization 2014 to enhance the quality of notaries;

- Gradually build a legal basis for performing notarization of contracts and transactions in an electronic environment;

- Review, amend, supplement, and perfect legal normative documents to ensure consistency and synchronization between notary laws and related laws, including civil law, land law, housing law, investment law, authentication measures;

- Develop and promulgate guidelines for implementing financial policies for notary practicing organizations established in areas with difficult socio-economic conditions, especially difficult conditions;

- Review, amend, supplement legal provisions on handling acts of using fake documents, impersonation of persons requesting notarization, and other law violations related to notarization activities.

Le Hai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE