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Administrative procedures

Procedure 13: Transfer the notary office
Update day:09-12-2016

 

 

 

Order or execution

 

Step 1: The Notary Office to be transferred prepares documents and submits them at the Division of Receiving and Returning Results of administrative procedures (One – Stop Division) – Hanoi 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 office to supplement and complete documents as stipulated.

 

+ If the documents are not under the jurisdiction of the Department, guide the office 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 gathers ideas of Notary Public Association of the City and complete documents as stipulated to submit to People’s Committee of the City for consideration and determination in the specified term.

 

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

 

Step 5: After a Decision for transfer of the Notary Office 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 office according to the return note.

 

 

Methods of implementation

 

- Documents are submitted 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. The contract for transfer of the Notary Public, containing the following main contents: name, head office, list of notaries public in partnership of the Notary Office to be transferred; name, number of the Decision on appointment of a notary public of the notary public acting as a transferee; transfer price, payment and delivery of the notary office to be transferred; rights and obligations of the parties and other relevant contents;

 

The contractor for transfer of the notary office shall be signed by the notary public in partnership representing the notaries public in partnership of the notary office to be transferred, notaries public acting as transferees and notarized.

 

2. Written commitment of notaries public acting as transferees for succession of all rights and obligations and receiving all notarization requirements being implemented and documents stored at the notary office to be transferred.

 

3. Minutes of inventorying notarization documents of the Notary Office to be transferred.

 

4. Copy of the Decision for appointment of the notary public of the notaries public acting as transferees; documents used for proving notarization practice for 2 years or more for the notary public acting as a transferee expected to become a Director of the notary office.

 

5. Decision for establishment and operation registration certificate of the notary office to be transferred.

 

6. Declaration of taxes, audited financial statements within 03 (three) latest years of the Notary Office to be transferred.

 

 

Quantity

 

01 set

 

 

Term of settlement

 

- Within 15 working days, after receiving all legal documents, the Department of Justice gathers ideas from the Notary Public Association to submit to the People’s Committee of the City for consideration and approval of transferring the Notary Office.

 

- Within 15 working days, after receiving the request of the Department of Justice, the People’s Committee of the City makes consideration and approval for transferring the Notary Office; in the case of refusal, it shall give a written notice specifying reasons for such refusal.

 

 

Object of implementation

 

- Notary office;

 

           - Notary public acting as transferee, notary public acting as transferor.

 

 

Implementing agency

 

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

 

- The agency implementing directly: Hanoi City Department of Justice  

 

 

Results of implementation

 

- Decision for transferring the Notary Office.

 

In the case of refusal, the People’s Committee of the City gives a written notice specifying reasons. The Applicant has right to make a claim under the laws.  

 

 

 

Fee

 

None

 

 

Name of form

 

None

 

 

Requirements, conditions of implementation

 

None

 

 

Legal bases

 

1. Notarization Law in 2014;

 

2. Decree No 29/2015/ND-CP dated March 15, 2015 of the Government detailing and guiding implementation of some articles of Notarization Law.

 

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

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