Will a notary office be suspended from operations if it fails to register its notaries to practice?
Pursuant to Point dd, Clause 4, Article 16 Decree No. 82/2020/ND-CP Violations of regulations on operations of notary practice organizations are as follows:
Acts of violating regulations on operations of notary practice organizations
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4. Fine from 20,000,000 VND to 30,000,000 VND for one of the following acts:
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c) Open a branch, representative office, facility, or other transaction location outside the notary practice organization's headquarters or carry out production, business, and service activities other than registered notary activities or not operating according to the registered content;
d) Failure to agree with the testator on transferring the will to another notary practice organization; Failure to return the will and will storage fee in case there is no agreement or agreement with the testator before the notary practice organization terminates operations, converts, transfers or dissolves;
d) Failure to register to practice as a notary of your organization according to regulations;
e) Advertising on mass media about notaries and their organizations;
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7. Additional penalties:
a) Suspension of operations from 01 month to 03 months for violations specified in Point b, Clause 6 of this Article;
b) Suspension of operations from 03 months to 06 months for violations specified in Point c, Clause 4 of this Article;
c) Confiscation of exhibits is a decision allowing the establishment of a notary office, the notary office's operation registration certificate is erased or altered to falsify the content for violations specified in point a Clause 3 of this Article.
8. Remedial measures:
a) Recommend competent agencies, organizations, and persons to consider and handle papers and documents that have been erased or modified to falsify the content specified in Point a, Clause 3 of this Article;
b) Forced to return illegal profits obtained from committing violations specified in Points dd and e Clause 2, Points a, c and dd Clause 4, Clause 6 of this Article;
c) Force the notary practice organization that is storing the notary records to notify agencies, organizations, and individuals with relevant rights and obligations of violations specified in Clause 6 of this Article.
Thus, the notary office will not be suspended from operations if it does not register to practice as its notary according to regulations but may be fined from 20,000,000 VND to 30,000,000 VND.