Regulations on termination of operation of notary offices in Vietnam

Regulations on termination of operation of notary offices in Vietnam (Internet image)

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

1. Regulations on termination of operation of notary offices in Vietnam

Regulations on termination of operation of notary offices according to Article 31 of the Law on Notarization 2014 are as follows:

- A notary office shall terminate 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 the Law on Notarization 2014;

+ The notary office is consolidated or merged.

- In case of terminating its operation under Point a, Clause 1 of Article 31 of the Law on Notarization 2014, 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.

In case a notary office terminates its operation under Point c, Clause 1 of Article 31 of the Law on Notarization 2014, its rights and obligations shall be further exercised and performed by the consolidating or merging notary office.

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.

- In case a notary office terminates its operation under Point b, Clause 1 of Article 31 of the Law on Notarization 2014, 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 and, 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.

2. Regulations on transfer of notary offices in Vietnam

Regulations on transfer of notary offices according to Article 29 of the Law on Notarization 2014 are as follows:

- A notary office may be transferred to other notaries who fully meet the conditions prescribed in Clause 2 of Article 29 of the Law on Notarization 2014. A notary office may be transferred only after it has conducted notarial activities for at least 2 years.

Notaries who have transferred their notary offices may not participate in the establishment of new notary offices within 5 years from the date of transfer.

- A notary who receives a notary office must meet the following conditions:

+ Having practiced notarization for at least 2 years, for persons expected to take over the position of head of the notary office;

+ Undertaking to practice at the notary office transferred to him/her;

+ Undertaking to inherit the rights and obligations of the transferred notary office.

- Provincial-level People’s Committees shall consider and decide to permit the transfer of notary offices.

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