The order and procedures for registering to establish a notary office according to the law

1. What business model does the notary office operate under?

Pursuant to Article 22 of the Notary Law 2014, regulations on notary offices are as follows:

“Article 22. Notary office

1. Notary offices are organized and operate according to the provisions of this Law and other relevant legal documents for the type of partnership company.

The notary office must have two or more notary partners. The notary office does not have capital contributing members.

2. The legal representative of the Notary Office is the Head of the Office. The Head of the Notary Office must be a notary partner of the Notary Office and have practiced notary practice for 2 years or more.

3. The name of the Notary Office must include the phrase “Notary Office” accompanied by the full name of the Head of the Office or the full name of another notary partner of the Notary Office as agreed upon by the partner notaries, must not be identical or confusing with the name of another notary practice organization, and must not violate the historical, cultural, ethical traditions and fine customs of the nation.

4. Notary offices must have headquarters that meet the conditions prescribed by the Government.

The notary office has its own seal and account, operating on the principle of financial autonomy with revenue from notary fees, notary fees and other legal sources of revenue.

5. Notary offices use seals without the national emblem. The notary office can engrave and use the seal after receiving a decision to allow its establishment. Procedures and documents for seal engraving, management and use of the Notary Office’s seal are carried out in accordance with the law on seals.”

Thus, the notary office will operate according to the model of a partnership company and must have two or more partnership notaries. The notary office does not have capital contributing members.

2. What does the application to register to establish a notary office include?

Pursuant to the provisions of Clause 1, Article 23 of the Notary Law 2014, the registration dossier to establish a notary office includes:

“Article 23. Establishment and registration of operation of a Notary Office

1. Notaries establishing a Notary Office must have a dossier requesting the establishment of a Notary Office. sent to the Provincial People’s Committee for consideration and decision. Documents requesting the establishment of a Notary Office include an application for establishment and a proposal to establish a Notary Office, clearly stating the need for establishment, expected organization, name, personnel, location of headquarters, physical conditions and implementation plan; copy of the decision to appoint a notary to participate in establishing the Notary Office.”

3. What are the order and procedures for registering to establish a notary office?

Pursuant to Clauses 2, 3, 4 and Clause 5, Article 23 of the Notary Law 2014, the order and procedures for registering to establish a notary office are as follows:

“Article 23. Establishment and registration of operation of a Public Office certification

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2. Within 20 days from the date of receipt of complete documents requesting the establishment of a Notary Office, the Provincial People’s Committee shall consider and decide to allow the establishment of a Notary Office; in case of refusal, it must notify in writing and clearly state the reason.

3. The judiciary in the locality where the decision to allow its establishment has been issued.

The content of the Notary Office’s operation registration includes the name of the Notary Office, the full name of the Head of the Notary Office, the headquarters address of the Notary Office, the list of notary partners of the Notary Office and the list of notaries working under the contract regime of the Notary Office (if any).

4 Operation registration of a Notary Office includes an application for operation registration, documents proving the headquarters of the Notary Office in accordance with the content stated in the establishment proposal and practice registration documents of notary partners and notaries working under labor contracts at the Notary Office (if any).

Within 10 working days from the date of receipt of complete operation registration documents, the Department of Justice shall issue an operation registration certificate. of the Notary Office; in case of refusal, it must be notified in writing and clearly state the reason.

5. Notary offices may operate notary operations from the date the Department of Justice issues the operation registration certificate.”