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Administrative procedures

Procedure 06: Propose to establish a Notary Office
Update day:09-12-2016


Order or execution

 

Step 1: The applicants as notaries public, prepares documents for establishment of the notary office and submits them to People’s Committee of the City –Department of Justice.

 

 

Step 2: An officer receives and inspects the documents as submitted:

 

 

+ If the documents are submitted in full as stipulated, receive and issue a return note.

 

 

+ If the documents are not submitted in full as stipulated, guide the citizens to supplement and complete documents as stipulated.

 

 

+ If the documents are not under the jurisdiction of the Department, guide the citizens to the competent agency as stipulated.

 

 

Step 3: An one – stop officer inputs the documents into the book and transfers them to the Judicial Support Division for solving as stipulated.

 

 

Step 4: The Judicial Support Division receives, inspects and handles the documents as stipulated.

 

 

+ Where any issue to be certified arises in the course of settlement, notify the One – Stop Division of giving a notice to the organization or re-notifying time for returning results.

 

 

Step 5: The Judicial Support Division consults the Director of the Department to submit document to People’s Committee of the City for making a Decision for establishment of the notary office.

 

 

Step 6: After the Decision for establishment is made by People’s Committee of the City, The Judicial Support Division transfers it to the One- Stop Division to provide results to the citizen according to the return note

 

 

 

 

 

 

Methods of implementation

 

            - Submit documents directly to the Division of Receiving and Returning Results of administrative documents (One – Stop Division) – Hanoi City Department of Justice.

 

 

Place of receiving: The Division of Receiving and Returning Results of administrative documents (the One-Stop Division) – Hanoi City Department of Justice.

 

 

Add: No 1B Tran Phu, Ha Dong, Hanoi

 

 

Tel:  0433.546.151 or 0433.546163

 

 

 

Composition of documents

 

1. Application for proposing establishment of a Notary Office in the form TP-CC-08 issued together with Circular No. 06/2015/TT-BTP;

 

 

2. Decision for appointment of notary public joining establishment of a Notary office (verified copy or photocopy enclosed with the original for comparison);

 

 

3. Plan on establishment of a Notary Office, specifying the following issues:

 

 

*Necessity of establishing a Notary office: proving necessity of establishing the Notary Office in the area expected for the head office of the Notary Office, ability for satisfying notary demands of the Notary Office for such area.

 

 

* In the terms of organization and human resources of the Notary Office, the following contents shall be specified:

 

 

- Type of operation of the Notary Office: Partnership.

 

 

- Name, number and decision on appointment of the notary public, card number and date of issuing the notary public’s card (if any) of the notary public establishing the Notary Office.

 

 

- Expected plan for termination of practices in lawyer, auctioneer, process server, arbitrator, legal assessor, legal adviser of the notary public establishing the Notary Office and notaries public acting in the Notary Office (for the notary public acting as lawyer, auctioneer, process server, arbitrator, legal assessor, legal adviser);

 

 

- Expected name  and trading name of the Notary Office;

 

 

- Expected human resources of the Notary Office: specify quantity, qualifications and experience of the notary public, operating clerks, accountant, IT staff, archiving staff and other employees (documents used for contents as mentioned above, if any, shall be provided);

 

 

- Capacity of office administration:

 

 

+ Plan for implementing feasibility;

 

 

+ Capacity of office administration of the Director (documents used for proving, if any, shall be provided);

 

 

+ Other expected items for organization and human resources.

 

 

* In the term of facilities of the Notary Office, the following contents shall be specified:

 

 

 

 

 

- Head office:

 

 

+ Expected location for the Office;

 

 

+ Total use area of the Office (documents used for proving legal use rights, if any, shall be provided);

 

 

+ Area of the Office for archiving:

 

 

- Plan shall specify conditions for implementing regulations on order and security and traffic safety, particularly: area of parking lot for guests’ means and employees’ means, plan for fire prevention and assurance of order and security and traffic safety;

 

 

- Facility for operations of the Office;

 

 

- Orientation for applying Information Technology;

 

 

- Other facilities.

 

 

* Plan for implementing operations of the Notary Office:

 

 

- Progress for implementing expected issues in organization, human resources and facilities of the Notary Office;

 

 

- Procedures for accessing and handling notarization documents;

 

 

- Conditions for storage, plan for storage and procedures of storing documents;;

 

 

- Progress and plans for putting the Notary Office into operation;

 

 

- Other issues relating to implementation of operation of the Notary Office.

 

 

 

Quantity

 

02 sets

 

 

 

Term of settlement

 

20 working days after People’s Committee of the City receives all documents for proposing establishment of a Notary Office from the Department of Justice since receiving documents, making consideration, notifying scores for consideration and solving claims (if any).

 

 

 

Object of implementation

 

- Legal notaries public propose to establish a Notary Office.

 

 

 

Implementing agency

 

           - The agency competent to decide: Hanoi City People’s Committee

 

 

- The agency implementing directly: Hanoi City Department of Justice (Judicial Support Division)  

 

 

 

 

 

 

Results of implementation

 

- Decision for establishment of the Notary Office.

 

 

In the case of refusal, People’s Committee of the City gives a written notice specifying reasons for such refusal. The applicant can make a claim in accordance with laws.

 

 

 

Fee

 

None

 

 

 

Name of form

 

- Application for proposing to establish the Notary Office (TP-CC-08);

 

Download from the website:

www.sotuphaphanoi.gov.vn

   

 

 

 

Requirements, conditions of implementation

 

1. Legal representative of the Notary Office is a Director of the office and the Director shall a notary public acting in notarization practice for 02 years or more.

 

 

2. Name of the Notary Office shall consist of a phrase “Notary Office” together with full name of the Director or full name of another notary public in respect to partnership as agreed by notaries public in respect to partnership, this name does not coincide with or mislead with names of other notary offices, not violate traditions of history, culture, morality and customs of the country.

 

 

 

Legal bases

 

1. Notarization Law in 2014;

 

 

2. Circular No 06/2015/TT-BTP dated June 15, 2015 of Ministry of Justice detailing and guiding implementation of some articles of Notarization Law.

 

 

 

 

TP-CC-08

(Issued together with Circular No. 06/2015/TT-BTP)

 

 

 


 

 

SOCIALIST REPUBLIC OF VIETNAM

 

 

 

Independence - Freedom - Happiness

 

APPLICATION FOR ESTABLISHMENT OF A NOTARY OFFICE

 

 

To: Hanoi City People’s Committee

 

 

We hereby have the following notaries public:

 

 

 

No

 
 
Full name

 

 

Permanent residence

 

1

 

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

Would like to ask to establish a Notary Office with the following contents:

 

 

1. Name of notary office (in capital letter):

 

 

……………………………………………………………………………………

 

 

2. Address of head office: .....................................................................................................

 

 

Tel:........................Fax:.......................Email (if any):................................

 

 

Website (if any):.....................................................................................................

 

 

3. Director of Notary Office:

 

 

Full name: .............................................................. Gender: ................................

 

 

Permanent residence registration place: ...........................................................................

 

 

.................................................................................................................................

 

 

Current address: ......................................................................................................

 

 

.................................................................................................................................

 

 

We commit to implement all obligations under the laws.

 

 

 

 

 

 

Hanoi, day….month…year…..

 

Applicant

 

 

 

(signature and full name)

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