Chapter III - Notarization practice organization

* This translated version is originated from Ministry of Justice and for reference only.

Article 23.Forms of notarization practice organization

1. Notarial bureaus.

2. Notarial offices.

Article 24.Notarial bureaus

1. Notarial bureaus shall be set up under decisions of provincial-level People's Committees.

2. Notarial bureaus are non-business units under provincial/municipal Justice Services, having their own head-office, seals and bank accounts.

The at-law representative of a notarial bureau is the bureau's head who must be a notary and appointed, relieved from the post of notary or dismissed by the provincial-level People's Committee president.

The Government shall provide the financial regime and seals for notarial bureaus.

3. The name of a notarial bureau consists of the number of its establishment and the name of the province or centrally run city where it is established.

Article 25.Establishment of notarial bureaus

1. In light of the local notarization need, the provincial/municipal Justice Service shall formulate a scheme on the establishment of a notarial bureau to be submitted to the People's Committee for consideration and decision. The scheme must state the necessity of the establishment, the expected organization, name, staff and venue of the notarial bureau, material conditions and implementation plan.

2. Within 30 days after obtaining a decision on the establishment of a notarial bureau, the provincial/municipal Justice Service shall publish the following contents in three consecutive issues of a central newspaper or a newspaper of the locality where the notarial bureau is to be located:

a/ The name and address of the head office of the notarial bureau;

b/ The number and date of the establishment decision and the date of commencement of the notarial bureau's operation.

3. When the provincial-level People's Committee decides on changes of the name or head office of the notarial bureau, the provincial/municipal Justice Service shall publish such changes in accordance with Clause 2 of this Article.

Article 26.Notarial offices

1. Notarial offices are set up by notaries.

A notarial office set up by a notary is organized and operates in the form of a private enterprise. A notarial office set up by two or more notaries and operates in the form of a partnership.

The at-law representative of a notarial office is the chief of the office, who must be a notary.

2. A notarial office has its own head office, seal and bank account; operates on the principle of financial autonomy with funds contributed by notaries, notarization charges and remunerations and other lawful revenues.

The Government shall provide for seals of notarial offices.

3. The name of a notarial office is selected by the notary(ies) but must include the phrase "notarial office" (Van phong cong chung), must not be identical to or cause confusion with the name of another notarization practice organization, must not contain words or symbols in violation of the historical, cultural and moral traditions and fine customs of the nation.

Article 27.Establishment and registration of operation of notarial offices

1. A notary founding a notarial office shall file a dossier of application to the provincial-level People's Committee. Such a dossier comprises:

a/ An application for setting up a notarial office;

b/ A scheme on setting up the notarial office, stating its necessity, expected organization, name, staff, venue of the office, material conditions and implementation plan;

c/ A copy of the decision on appointment as notary.

2. Within 20 working days after receiving a complete dossier of application for setting up a notarial office, the provincial-level People's Committee shall consider and decide to permit it. In case of refusal, it must issue a written notice, stating the reasons therefore. The refused applicant may make complaint in accordance with law.

3. Within 90 days after receiving a decision permitting its setting up, the notarial office shall register its operation at the provincial/municipal Justice Service of the locality where its setting up is permitted. The operation registration requires an application, papers proving the venue of the office in the locality where the setting-up decision is issued.

Within 10 working days after receiving operation registration papers, the provincial/municipal Justice Service shall issue an operation registration certificate for the notarial office; in case of refusal, it shall issue a written notice, stating the reasons therefore. The refused applicant may make complaint in accordance with law.

The notarial office may start operation on the date the provincial/municipal Justice Service issues the operation registration certificate.

4. If a notarial office fails to operate within six months after receiving an operation registration certificate, or does not operate for three or more consecutive months, the provincial/municipal Justice Service shall revoke its operation registration certificate.

5. If a notarial office fails to register operation within 90 days after receiving the decision permitting its setting up, or if its operation registration certificate is revoked, the provincial-level People's Committee shall withdraw its setting-up decision.

Article 28.Changes in contents of operation registration of a notarial office

In case of change of its venue, name or roll of notaries, a notarial office shall immediately notify it to the provincial/municipal Justice Service where the notarial office registers its operation.

In case of change of its venue or name, a notarial office is re-granted the operation registration certificate.

Article 29.Supply of information on operation registration contents of notarial offices

Within 10 working days after granting or re-granting an operation registration certificate to a notarial office due to change of its venue or name, the provincial/municipal Justice Service shall notify in writing the provincial-level tax office, statistics office and police office, the People's Committee of the urban district, rural district, provincial town or city and the People's Committee of the commune, ward or township where the notarial office is based.

Article 30.Publication of operation registration contents of notarial offices on newspapers

1. Within 30 days after getting an operation registration certificate, a notarial office shall publish in three consecutive issues of a central newspaper or a newspaper of the locality where it registers its operation the following contents:

a/ Its name and address;

b/ The full name(s) and number(s) of the appointment decision(s) of the notary(ies) working at the office;

c/ The number and date of the grant of the operation registration certificate, the place of operation registration and the date of commencement of operation.

2. When the operation registration certificate is re-granted due to change of its venue or name, a notarial office shall publish the contents of the re-granted operation registration certificate under the provisions of Clause 1 of this Article.

Article 31.Rights of a notarization practice organization

1. To recruit its employees.

2. To collect notarization charges, remunerations and other expenses.

3. Other rights as provided for by this Law and relevant laws.

Article 32.Obligations of a notarization practice organization

1. To post up at its head office the working timetable, notarization procedures, charges and remunerations as well as rules for receiving persons in request for notarization.

2. To operate according to working days and hours prescribed for state administrative agencies.

3. To observe the laws on labor, tax, finance and statistics.

4. To observe competent state agencies' requirements on reporting, supervision and inspection.

5. To pay compensation for damage caused by its notaries to persons in request for notarization.

6. To keep notarial records.

7. Notarial offices are obliged to buy professional liability insurance for their notaries.

8. Other obligations as provided for by this Law and relevant laws.

Article 33.Dissolution of notarial bureaus

1. When it is unnecessary to maintain a notarial bureau, the provincial/municipal Justice Service shall formulate a scheme on dissolution of the notarial bureau and report it to the provincial-level People's Committee for consideration and decision.

A notarial bureau may be dissolved only after paying debts and completing procedures for termination of labor contracts already signed with its employees, and fulfilling all the received notarization requests.

2. Within 15 days after the provincial-level People's Committee issues the decision to dissolve a notarial bureau, the provincial/municipal Justice Service shall announce the dissolution in two consecutive issues of a central or local newspaper.

Article 34.Termination of operation of notarial offices

1. A notarial office shall terminate operation in the following cases:

a/ It terminates operation of its free will;

b/ Its operation registration certificate is revoked because it breaches law or has no notary since he/she has been relieved from his/her post.

2. In case of termination of operation under the provisions of Point a, Clause 1 of this Article, at least 30 days before its expected time of termination, a notarial office shall notify such in writing to the provincial/municipal Justice Service where it registers its operation.

The notarial office is obliged to pay debts and carry out procedures for termination of labor contracts already signed with its employees, implement the received notarization requests and publish in two consecutive issues of a central or local newspaper the expected time of termination of its operation.

The provincial/municipal Justice Service shall notify in writing the agencies defined in Article 29 of this Law of the termination of operation of a notarial office.

3. When a notarial office terminates operation under the provisions of Point b, Clause 1 of this Article, within seven working days after revoking its operation registration certificate, the provincial/municipal Justice Service shall notify such in writing to the agencies defined in Article 29 of this Law.

A notarial office is obliged to pay its debts and carry out labor contracts already signed with its employees; with regard to the received notarization requests which it has not implemented yet, it shall return the request dossiers to the person in request for notarization and announce the termination of its operation in two consecutive issues of a central or local newspaper.