The Government has just issued Decree No. 104/2025/ND-CP, detailing a number of articles and measures to implement the Law on Notarization. A notable point is the regulation on developing a project to convert State notary offices into private notary offices, along with a specific implementation roadmap.
Accordingly, from July 1, all state notary offices nationwide will have to implement a roadmap to convert their operating model to private notary offices. In case they do not meet the conditions for conversion, the notary offices will be forced to dissolve before the prescribed deadline.
This conversion or dissolution only applies to notary offices that are public service units under the Department of Justice. Therefore, the people's notary needs will still be guaranteed through the existing network of notary offices.
The Decree clearly states that the Department of Justice in localities will preside over and coordinate with relevant departments, branches and local Notary Associations to develop a conversion project, then report to the Provincial People's Committee for approval.
The project must seek opinions from notaries, officials, and employees currently working at the notary office that is expected to be converted, as well as from political and social organizations at the unit (if any). The Government also requires that notary offices that cannot be converted will be forced to dissolve within the time limit specified in the roadmap.
The conversion or dissolution will be based on the level of financial autonomy of each unit. Specifically, units that are capable of ensuring all regular and investment expenses must complete the arrangement by December 31, 2026. Units that are fully self-sufficient in regular expenses will complete the arrangement by December 31, 2027. For the remaining units, the final deadline for arrangement is December 31, 2028.
Thus, all notary offices nationwide will have to convert to the private notary office model or dissolve, no later than December 31, 2028.
Regarding the model of notary offices, the Decree allows them to be organized and operate under the form of private enterprises. In addition, notary offices can convert to operate under the form of partnerships. However, the regulation emphasizes: "Partnership notary offices are not allowed to convert into private enterprise notary offices."
Provincial People's Committees are authorized to decide on the conversion or dissolution of state notary offices, based on the law on organization and reorganization of public service units and the actual situation in the locality.
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.
Source: https://baotuyenquang.com.vn/phong-cong-chung-dia-phuong-phai-chuyen-sang-cong-chung-tu-hoac-giai-the-213226.html
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