Notary Office – Notable Legal Provisions
Article 23 of the Law on Notarization 2024 provides for Notary Offices as follows:
1. A Notary Office shall be organized and operate in accordance with this Law and other relevant laws in the form of a partnership. In administrative units at the district level with low population density, underdeveloped infrastructure and services, and difficulties in establishing Notary Offices in the form of a partnership, Notary Offices may be organized and operate in accordance with this Law and other relevant laws in the form of either a partnership or a private enterprise.
The Government shall promulgate a list of district-level administrative units where Notary Offices may be organized and operate in the form of private enterprises, as well as regulations on the conversion of the type of Notary Office in these district-level administrative units.
2. A Notary Office organized and operating in the form of a partnership must have at least two (02) partners and no capital-contributing members. All partners must be notaries and shall have equal rights in deciding on matters of the Notary Office. The Head of the Notary Office must be a partner of the Notary Office and must have practiced notarization for at least two (02) years.
In the case of a Notary Office organized and operating in the form of a private enterprise, the owner of the private enterprise shall concurrently act as the Head of the Notary Office and must be a notary who has practiced notarization for at least two (02) years.
3. The Head of the Notary Office is the legal representative of the Notary Office and shall manage and administer the operations of the Notary Office. The Head may not hire another person to manage the Notary Office and may not lease out the Notary Office.
4. The name of a Notary Office shall consist of the phrase “Văn phòng công chứng” (Notary Office) and a proper name in Vietnamese, selected by the partners of a Notary Office organized and operating in the form of a partnership, or by the notary acting as Head of a Notary Office organized and operating in the form of a private enterprise, ensuring the following requirements:
a) The name may not use the names of state agencies, people’s armed force units, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, or socio-professional organizations as part or whole of the proper name of the Notary Office;
b) The name must not be identical with or confusingly similar to the names of other notarial practice organizations currently operating nationwide;
c) The name must not use words or symbols that violate historical or cultural traditions, ethics, or national customs and practices.
5. A Notary Office must have a head office that meets the conditions prescribed by the Government.
A Notary Office shall have its own seal and bank account, and shall operate on the principle of financial autonomy, deriving revenue from notarial fees, service charges related to notarization as requested, and other lawful sources of revenue in accordance with law.
6. The seal of a Notary Office shall not bear the national emblem. A Notary Office may engrave and use its seal after being granted a certificate of operation registration. The order and procedures for applying for the engraving of the seal shall comply with the law on seals.
Article 17 of Decree No. 104/2025/ND-CP details certain provisions and implementation measures of the Law on Notarization.
Specifically, Notary Offices organized and operating in the form of private enterprises are regulated as follows:
1. Based on the criteria prescribed in Clause 1, Article 23 of the Law on Notarization and other relevant laws, the Provincial People’s Committee shall promulgate a list of district-level localities where Notary Offices may be established and operate in the form of private enterprises (hereinafter referred to as “Private Enterprise Notary Offices”).
2. A Private Enterprise Notary Office may be converted into a Notary Office organized and operating in the form of a partnership (hereinafter referred to as “Partnership Notary Office”). A Partnership Notary Office may not be converted into a Private Enterprise Notary Office.
3. The conversion of a Private Enterprise Notary Office (hereinafter referred to as the “Converting Notary Office”) into a Partnership Notary Office (hereinafter referred to as the “Converted Notary Office”) must satisfy the following conditions:
a) The Converting Notary Office is not in a state of suspension of operations or subject to revocation of the establishment decision or operation registration certificate at the time of applying for conversion;
b) The Head of the Converting Notary Office shall provide a written undertaking to assume personal liability with all of his/her assets for outstanding debts and other financial obligations, and to settle such debts and obligations when due, unless otherwise agreed by the prospective partners of the Converted Notary Office;
c) The prospective partners of the Converted Notary Office shall provide a written agreement to continue performing ongoing notarization requests, other ongoing or uncompleted transactions, and to accept and employ existing employees of the Converting Notary Office;
d) The Converted Notary Office must have its head office located within the same commune-level locality as the Converting Notary Office.
4. The dossier for conversion of a Notary Office prescribed in Clause 3 of this Article includes the following documents:
a) An application for conversion of the Notary Office, clearly stating compliance with the conditions set out in Clause 3 of this Article;
b) Appointment decisions of the prospective partner notaries of the Converted Notary Office; documents evidencing that the notary proposed as Head of the Converted Notary Office has practiced notarization for at least two (02) years;
c) A draft Charter of the Converted Notary Office;
d) Written undertakings and agreements as prescribed in Clause 3 of this Article.
Documents prescribed at Point b of this Clause shall be submitted in originals, certified copies, or electronic copies.
5. The notary serving as Head of the Converting Notary Office shall prepare one (01) dossier as prescribed in Clause 4 of this Article, and submit it directly, via postal service, or online to the Department of Justice of the province where the Converting Notary Office is registered.
6. Within five (05) working days from the date of receipt of a complete and valid dossier, the Department of Justice shall review and propose that the Provincial People’s Committee approve the conversion of the Notary Office; in case of refusal, it must issue a written notice stating the reasons.
Within ten (10) working days from the date of receipt of the Department of Justice’s proposal and a valid dossier, the Provincial People’s Committee shall review and decide on the conversion of the Notary Office; in case of refusal, it must issue a written notice stating the reasons.
7. Amendments to the registration contents, provision of information, and publication of changes to the registration contents of the Converted Notary Office shall comply with Articles 21 and 22 of this Decree.
8. The Converted Notary Office shall operate and inherit the rights and obligations of the Converting Notary Office from the date it is granted the Operation Registration Certificate. The Head of the Converting Notary Office shall bear personal liability with all of his/her assets for all debts incurred prior to the issuance date of the Operation Registration Certificate of the Converted Notary Office, unless otherwise agreed by the partner notaries of the Converted Notary Office.
Article 18 of Decree No. 104/2025/ND-CP – Conditions of Head Office of Notary Office
1. A Notary Office must satisfy the following conditions with respect to its head office:
a) A specific address consistent with administrative boundaries;
b) A minimum working area of 8 m² per notary and a minimum storage area of 50 m²; ensuring compliance with fire prevention and control and notarial record storage requirements in accordance with law;
c) In case of a leased head office, the minimum lease term shall be two (02) years.
2. The notary applying to establish a Notary Office shall specify information on the head office of the proposed Notary Office in the Establishment Proposal, and submit documents evidencing compliance with head office conditions at the time of registration for operation of the Notary Office.
Article 19 of Decree No. 104/2025/ND-CP – Dossier, Order, and Procedures for Establishment of Notary Office
1. A dossier of application for establishment of a Notary Office includes the following documents:
a) An Establishment Proposal, stating the necessity of establishment, proposed organization, name, personnel, head office location, material conditions, and implementation plan for the proposal; the value and proportion of capital contributions, and the deadline for capital contributions prior to submission of the operation registration dossier for Partnership Notary Offices; and investment information of the Head of the Notary Office for Private Enterprise Notary Offices;
b) Appointment decisions of the prospective partner notaries and the draft Charter of the Notary Office for Partnership Notary Offices; appointment decision of the notary proposed as Head of the Notary Office for Private Enterprise Notary Offices;
c) Documents evidencing that the notary proposed as Head of the Notary Office has practiced notarization for at least two (02) years.
Documents prescribed in Points b and c of this Clause shall be submitted in originals, certified copies, or electronic copies.
The draft Charter of the Notary Office prescribed in Point b of this Clause shall include the following principal contents: name and head office address of the Notary Office; full names and contact addresses of the partner notaries; total charter capital, contributed assets, value and proportion of capital contributions of the partner notaries; rights and obligations of the partner notaries; organizational structure of the Notary Office; rights and obligations of the Head of the Notary Office and other partner notaries; salary and income principles; dispute resolution principles; and procedures for amendment and supplementation of the Charter.
2. Notaries eligible under Article 24 of the Law on Notarization shall prepare one (01) dossier as prescribed in Clause 1 of this Article, and submit it directly, via postal service, or online to the Department of Justice of the province where the Notary Office is proposed to be located.
3. Within five (05) working days from the date of receipt of a complete and valid dossier, the Department of Justice shall issue a written proposal to the Provincial People’s Committee for consideration and decision; in case of refusal, a written notice stating the reasons must be issued.
Within ten (10) working days from the date of receipt of the Department of Justice’s proposal and a valid dossier, the Provincial People’s Committee shall consider and decide on the establishment of the Notary Office; in case of refusal, a written notice stating the reasons must be issued.
Where the dossier for establishment of a Notary Office is incomplete or inconsistent, the Department of Justice or the Provincial People’s Committee shall request the applicant to supplement or clarify the dossier. The time limit prescribed in this Clause shall be calculated from the date the Department of Justice or the Provincial People’s Committee receives the supplementary or clarified dossier.
