Procedures for registration of notary office operations upon the removal of physical household registration books in Vietnam

Procedures for registration of notary office operations upon the removal of physical household registration books in Vietnam (Internet image)

Procedures for registration of notary office operations upon the removal of physical household registration books in Vietnam is specified in Decision 706/QD-BTP in 2023 as follows:

1. Application for registration of notary office operations upon the removal of physical household registration books in Vietnam

Application for registration of the operation of a notary public office upon the removal of physical household registration books in Vietnam includes:

- An application for registration of the operation of a notary public office, made according to Form TP-CC-09 issued together with Circular 01/2021/TT-BTP.

- Papers proving that the head office of the notary office is consistent with the contents stated in the establishment project.

- Dossier of practice registration of notary partners, notaries working under the labor contract regime at notary offices (if any).

Note: For information about proof of residence, cadres, civil servants, public employees, and individuals assigned to receive and handle administrative procedures and provide public services shall exploit information about citizens' residence in the National Population Database by one of the methods specified in Clause 2, Article 14 of Decree 104/2022/ND-CP on the amendment and supplementation of a number of articles of the decrees related to the submission and presentation of household registration books and paper temporary residence books when performing administrative procedures and providing public services.

If it is not possible to exploit citizens' residence information by the methods mentioned in Clause 2, Article 14 of Decree 104/2022/ND-CP, competent agencies, cadres, civil servants, public employees, and individuals assigned to receive and handle administrative procedures and provide public services may request that citizens submit copies or present one of the valid papers to prove information about residence as prescribed in Clause 3, Article 14 of Decree 104/2022/ND-CP.

The types of papers that are valid to prove residence information are specified in Clause 4, Article 14 of Decree 104/2022/ND-CP, including:

- Citizen ID card,

- Identity card,

- Certificate of residence information,

- Notice of personal identification numbers and citizen information in the National Population Database.

2. Procedures for registration of notary office operations upon the removal of physical household registration books in Vietnam

- The notary office shall submit its operation registration dossier to the Department of Justice in the locality that has issued the decision to permit its establishment.

- The Department of Justice considers and issues the operation registration certificate of the notary office; In case of refusal, it must be notified in writing, clearly stating the reason.

3. Time limit for processing notary office operation registration requests

Within 07 working days from the date of receipt of complete and valid dossiers, the Department of Justice shall issue a certificate of operation registration of the notary office.

4. Regulations on notary offices in Vietnam

- Notary offices shall be organized and operate in accordance with the Law on Notarization 2014 and other relevant legal documents concerning partnerships.

-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.

- 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.

- 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.

- Notary offices shall use seals bearing no national emblem. Notary offices may have their seals carved and use them after obtaining establishment permission decisions. 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.

(Article 22 of the Law on Notarization 2014)

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