The Government issued Decree 121/2025/ND-CP dated June 11, 2025, regulating decentralization and delegation in the field of state management of the Ministry of Justice .
Notaries are appointed and dismissed by the Chairman of the Provincial People's Committee - Illustrative photo
This Decree stipulates the authority, order, procedures for performing tasks and powers of agencies and competent persons in the field of state management of the Ministry of Justice as prescribed in laws, resolutions of the National Assembly , ordinances, resolutions of the National Assembly Standing Committee, decrees of the Government, and decisions of the Prime Minister that need to be adjusted to implement decentralization and delegation.
The Decree clearly states the decentralization in the following areas: Property auction; commercial arbitration; lawyer management; notarization; state compensation; adoption, legal disseminationand education , and legal aid.
The Decree also specifically stipulates decentralization in the following areas: Bailiff; commercial arbitration; legal support for small and medium enterprises, and legal aid.
The Chairman of the Provincial People's Committee has the authority to grant, revoke, and re-grant Auction Practice Certificates and Lawyer Practice Certificates.
Regarding asset auctions, the Decree decentralizes the authority to grant, revoke, and reissue Auction Practice Certificates to the Chairman of the Provincial People's Committee. Specifically, the Chairman of the Provincial People's Committee grants Auction Practice Certificates as stipulated in Clause 2, Article 14 of the Law on Asset Auctions; revokes Auction Practice Certificates as stipulated in Points b and c, Clause 2, Article 16 of the Law on Asset Auctions; and reissues Auction Practice Certificates as stipulated in Article 17 of the Law on Asset Auctions.
In the field of lawyer management, the Decree stipulates that the Chairman of the Provincial People's Committee has the authority to: Grant Lawyer Practice Certificates as prescribed in Clause 3, Article 17 of the Law on Lawyers; revoke Lawyer Practice Certificates as prescribed in Clause 2, Article 18 of the Law on Lawyers; reissue Lawyer Practice Certificates as prescribed in Article 19 of the Law on Lawyers.
The revocation of a lawyer's practice certificate is stipulated in Clause 3, Article 85 of the Law on Lawyers under the authority of the Chairman of the People's Committee of the province where the lawyer is a member of the Bar Association.
Notaries are appointed and dismissed by the Chairman of the Provincial People's Committee.
Decree 121/2025/ND-CP also stipulates that the Chairman of the Provincial People's Committee has the authority to: Appoint notaries as prescribed in Clause 1, Article 13 of the Notary Law, Article 4 of Decree No. 104/2025/ND-CP dated May 15, 2025 of the Government detailing a number of articles and measures to implement the Notary Law; dismiss notaries as prescribed in Article 16 of the Notary Law, Article 6 of Decree No. 104/2025/ND-CP; re-appoint notaries as prescribed in Clause 4, Article 17 of the Notary Law, Article 7 of Decree No. 104/2025/ND-CP.
The recognition of equivalence for those trained in notary profession abroad as prescribed in Clause 6, Article 11 of the Law on Notary is also under the authority of the Chairman of the Provincial People's Committee.
Legal support for small and medium enterprises
Regarding the establishment, management and use of the network of legal consultants, Decree 121/2025/ND-CP clearly states: The network of legal consultants is stipulated in Clause 3, Article 3, Article 9 of Decree No. 55/2019/ND-CP dated June 24, 2019 of the Government on legal support for small and medium-sized enterprises and is publicly announced by the Provincial People's Committee to provide legal support for small and medium-sized enterprises. The Provincial People's Committee is responsible for arranging and attracting resources to establish, manage and effectively use the network of legal consultants in the area; arranging funding and assigning focal points to receive and handle procedures for supporting legal consulting costs for small and medium-sized enterprises.
Small and medium-sized enterprises access the network of legal consultants through the list of legal consultants posted on the portal of the Provincial People's Committee and on the Enterprise Legal Support Information Website.
The provincial People's Committee shall prescribe the procedures for supporting legal consultancy costs. In case local budget sources can be arranged, the provincial People's Committee shall report to the People's Council at the same level for consideration and decision to apply a higher level of support for legal consultancy costs to encourage and attract legal consultants and provide maximum support for small and medium enterprises.
Source: https://baotuyenquang.com.vn/cong-chung-vien-do-chu-tich-ubnd-cap-tinh-bo-nhiem-mien-nhiem-213468.html
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