Roadmap for completing the conversion and dissolution of Notary Offices

Notary Law 2024 stipulates:

Notary practice organizations include Notary Offices and Notary Offices organized and operated according to the provisions of this Law and other relevant legal provisions.

Notary offices are established by decision of the Provincial People's Committee.

Notary offices are organized and operate according to the provisions of this Law and other relevant legal provisions for the type of partnership; in district-level administrative units with low population density, underdeveloped infrastructure and services and difficulties in establishing Notary offices in the type of partnership, Notary offices are organized and operate according to the provisions of this Law and other relevant legal provisions for the type of partnership and private enterprises.

In case the locality has developed a Notary Office that meets the notarization requirements of individuals and organizations and based on relevant legal provisions, the Department of Justice shall prepare a project to convert the Notary Office into a Notary Office and submit it to the Provincial People's Committee for consideration and decision.

In case it is not possible to convert the Notary Office into a Notary Office, the Department of Justice shall prepare a project to dissolve the Notary Office and submit it to the Provincial People's Committee for consideration and decision.

Conditions on the headquarters of the Notary Office

Decree 104/2025/ND-CP specifically stipulates the conditions for the headquarters of Notary Offices:

1. Have a specific address according to administrative boundaries.

2. Ensure working space for notaries, other civil servants, employees, common use area and specialized use area according to legal regulations on standards and norms for using office premises of public service establishments and laws on management and use of public assets; ensure conditions for fire prevention and fighting and storage of notarized records according to legal regulations.

3. In case of renting headquarters, the minimum rental period is 02 years.

Project to convert Notary Office into Notary Office

Decree 104/2025/ND-CP clearly states that the Department of Justice shall preside over and coordinate with relevant departments, branches and the local Notary Association to develop a Project to convert a Notary Office into a Notary Office, and submit it to the Provincial People's Committee. The development of the Project must seek opinions from notaries, other civil servants, employees working at the Notary Office expected to be converted, and political and socio-political organizations at the Notary Office (if any).

Within 30 days from the date of receipt of the request document from the Department of Justice with the Project attached, the Provincial People's Committee shall issue a decision approving the Project and send it to the Department of Justice, the local Notary Association and the Notary Office expected to convert; in case of refusal, a written notice must be given stating the reasons.

The Department of Justice shall preside over and coordinate with relevant local departments and branches to implement the conversion of Notary Offices according to the approved Project.

Notary Office Conversion Method

Decree 104/2025/ND-CP specifically stipulates the method of converting Notary Offices. Accordingly, the right to receive the conversion of Notary Offices is transferred to notaries who are currently officials of the Notary Offices expected to be converted. The price of the right to receive the conversion of Notary Offices is determined as the average amount of budget payments and tax payments in the last 3 years of the Notary Office expected to be converted.

In case the notary of the Notary Office does not accept the conversion of the Notary Office or does not meet the conditions prescribed in Clause 2, Article 23 of the Law on Notarization, the right to accept the conversion of the Notary Office shall be organized for auction. The starting price for the auction shall be determined as the average amount of money paid to the budget and taxes paid in the last 3 years by the Notary Office. The auction shall be conducted according to the order and procedures for auctioning public assets.

The right to receive the conversion of a Notary Office does not include the value of the headquarters, equipment and other assets owned by the State that the Notary Office is managing and using.

Provincial People's Committee decides to convert Notary Office

The Provincial People's Committee decides to convert the Notary Office into a Notary Office at the request of the Department of Justice.

A notary office established from the conversion of a Notary Office shall carry out the registration procedures for its operations as for a newly established Notary Office. The converted Notary Office shall cease its operations at the time the decision to convert the Notary Office into a Notary Office takes effect.

A notary office established from the conversion of a Notary Office must inherit all rights and obligations in notarial activities and receive all notarial records of that Notary Office.

Regime and policies for notaries of the Notary Office are converted

Decree 104/2025/ND-CP stipulates that the settlement of regimes and policies for notaries, other civil servants, and employees of converted Notary Offices shall comply with the provisions of law on public service units that have ceased operations and relevant laws.

The Department of Justice shall preside over and coordinate with relevant local departments and branches to submit to the Provincial People's Committee for consideration and decision on the above-mentioned regimes and policies.

Property handling at the converted Notary Office

Decree 104/2025/ND-CP also specifically regulates the handling of assets at converted Notary Offices. Accordingly, the handling of State-owned assets currently managed and used by Notary Offices shall be carried out in accordance with the provisions of law on management and use of public assets.

The Department of Finance shall preside over and coordinate with the Department of Justice to submit to the Provincial People's Committee for consideration and decision on asset handling.

Notary offices that cannot be converted will be dissolved.

A notary office that is subject to conversion into a notary office according to the provisions of the Law on Notarization but cannot be converted shall be dissolved.

A notary office may only be dissolved after meeting the conditions specified in Clause 2, Article 22 of the Law on Notarization and resolving the regime and policies for notaries, other officials, and employees of the notary office according to regulations.

The dissolution of a Notary Office is carried out in accordance with the provisions of the Notary Law, the law on public service units and relevant laws.

Roadmap for completing the conversion and dissolution of Notary Offices

Based on the level of financial autonomy of the Notary Office, the roadmap for completing the conversion and dissolution of Notary Offices in localities is implemented as follows:

a) For Notary Offices that self-insure all regular and investment expenses: No later than December 31, 2026;

b) For Notary Offices that self-insure all regular expenses: No later than December 31, 2027;

c) For Notary Offices not covered by points a and b above: No later than December 31, 2028.

Provincial People's Committees shall, based on the provisions of the Notary Law, this Decree, the law on organization and reorganization of public service units and the actual situation in the locality, decide on the conversion and dissolution of local Notary Offices in accordance with the prescribed roadmap.

Decree 104/2025/ND-CP takes effect from July 1, 2025, replacing Decree No. 29/2015/ND-CP dated March 15, 2015 of the Government detailing and guiding the implementation of a number of articles of the Law on Notarization.

Thanh Quang

Source: https://baochinhphu.vn/lo-trinh-hoan-thanh-viec-chuyen-doi-giai-the-cac-phong-cong-chung-102250519172059662.htm