Conditions for making bids for the right to conversion of public notary offices in Vietnam

Conditions for making bids for the right to conversion of public notary offices in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for making bids for the right to conversion of public notary offices in Vietnam

Conditions of auction participants for the right to receive the conversion of a public notary offices according to Article 9 of Decree 29/2015/ND-CP are as follows:

- the bidder for the right to conversion of the public notary office must be a notary practicing in the province in which the public notary office is located; the intended head of the private notary office must have worked as a notary for at least 02 years.

Any notary who is the head of a private notary office or a general partner of private notary office shall not be allowed to bid for the right to conversion of the public notary office.

- An application for participation in the auction must be participated by at least 02 notaries.

The application must contain their written commitments to employ and sign employment contracts with notaries, civil servants, and employees of the converted public notary office in order to ensure that such people keep doing the same job as before the conversion.

2. Benefits for notaries, civil servants, employees of converted public notary office in Vietnam

Benefits for notaries, civil servants, employees of converted public notary office in Vietnam are amended according to Article 11 of Decree 29/2015/ND-CP as follows:

- Benefits of notaries, civil servants, employees of the converted public notary office must be provided in accordance with regulations of law on shut down of public service agencies.

- Any notary of the public notary office who switches over to working for the private notary office shall terminates his/her employment contract with the public notary office and receive benefits as prescribed by law.

Notaries and civil servants that resign or are eligible for retirement shall receive corresponding benefits as prescribed by law.

- Any employee of the public notary office who switches over to working for the private notary office shall terminates his/her employment contract with the public notary office and receive corresponding benefits as prescribed by law.

Employees that resign or eligible for retirement shall receive corresponding benefits as prescribed by law.

- The Department of Internal Affairs shall take charge and cooperate with the Department of Justice, Department of Finance, Department of Labor, War Invalids and Social Affairs in requesting the People’s Committee of the province to consider benefits of notaries, civil servants, employees of converted public notary offices as prescribed in Clause 1, Clause 2, and Clause 3 of Article 11 of Decree 29/2015/ND-CP.

3. Regulations on plan for converting public notary offices in Vietnam

Regulations on plan for converting public notary offices according to Article 10 of Decree 29/2015/ND-CP are as follows:

- The People’s Committee of the province shall issue a decision to convert the public notary office into a private notary office at the request of the Department of Justice.

- The private notary office shall follow procedures for registration prescribed by the Law on Notarization. The converted public notary office may operate until the private notary office is issued with the certificate of registration.

- Within 15 days from the issuance date of the certificate of registration, the private notary office must sign employment contracts with notaries, civil servants, and employees of the converted public notary office.

Employment contracts between the private notary office and notaries or civil servants of the converted public notary office shall be indefinite contracts, unless otherwise agreed by both parties.

Employment contracts between the private notary office and employees of the converted public notary office shall be the same types of contracts with the public notary office, unless otherwise agreed by both parties.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE