According to the current law of Vietnam, are persons who don't major in Law eligible to be a notary?
Who are notaries?
Pursuant to Clause 2 Article 2 of the Law on Notarization 2014 of Vietnam on definition of notary as follows:
- Notary means a person who fully meets the criteria prescribed by this Law and is appointed by the Minister of Justice to conduct notarial practice.
Social functions of notaries are stipulated in Article 3 of the Law on Notarization 2014 of Vietnam:
- Notaries shall provide public services under the assignment of the State with a view to ensuring legal safety for parties to contracts or transactions; preventing disputes; contributing to protecting lawful rights and interests of individuals and organizations; and ensuring socio- economic stability and development.
According to the current law of Vietnam, are persons who don't major in Law eligible to be a notary?
Are persons who don't major in Law eligible to be a notary?
Criteria for notaries are stipulated in Article 8 of the Law on Notarization 2014 of Vietnam:
A Vietnamese citizen who permanently resides in Vietnam, observes the Constitution and law, has good ethical qualities, and fully satisfies the following criteria shall be considered for appointment as a notary:
- Having a bachelor of law degree.
- Having performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree.
- Having graduated from a notary training course as prescribed in Article 9 of this Law or completed a notary re-training course as prescribed in Clause 2, Article 10 of this Law.
- Meeting requirements on notarial practice probation results.
- Being physically fit for notarial practice.
Thus, one of the requirements is to have a bachelor of law degree. Therefore, if you only have an economics degree, you cannot work as a notary.
What are the regulations on rights and obligations of notaries?
Pursuant to Article 17 of the Law on Notarization 2014 of Vietnam, rights and obligations of notaries are stipulated as follows:
“Article 17. Rights and obligations of notaries
1. Notaries have the following rights:
a/ To have their right to notarial practice protected by law;
b/ To participate in the establishment of notary offices or work under contracts for notarial practice organizations;
c/ To notarize contracts, transactions and translations in accordance with this Law;
d/ To request related individuals, agencies and organizations to provide information and documents serving the notarization;
dd/ To refuse to notarize contracts, transactions and translations which violate law or are contrary to social ethics;
e/ To have other rights as prescribed in this Law and other relevant laws.
2. Notaries have the following obligations:
a/ To abide by the principles of notarial practice;
b/ To practice at a notarial practice organization;
c/ To respect and protect lawful rights and interests of notarization requesters;
d/ To explain to notarization requesters their lawful rights, obligations and interests, and legal significance and consequences of notarization; if refusing notarization requests, to clearly state the reasons to notarization requesters;
dd/ To keep secret contents of notarized documents, unless otherwise agreed in writing by notarization requesters or provided by law;
e/ To attend notary re-training courses every year;
g/ To take responsibility before law and notarization requesters for documents they have notarized; to take responsibility before law for operations of notary offices of which they are partners;
h/ To join socio-professional organizations of notaries;
i/ To be managed by competent state agencies, notarial practice organizations where they work and the notaries’ socio-professional organization of which they are members;
k/ To have other obligations as prescribed by this Law and other relevant legal documents.”
What are the regulations on forms of professional practice by notaries?
Pursuant to Article 34 of the Law on Notarization 2014 of Vietnam, forms of professional practice by notaries are stipulated as follows:
“Article 34. Forms of professional practice by notaries
1. Forms of professional practice by notaries include:
a/ Notaries of notary bureaus;
b/ Notaries being partners of notary offices;
c/ Notaries working under labor contracts at notary offices.
2. The recruitment, management and employment of notaries prescribed at Point a, Clause 1 of this Clause must comply with the law on public employees.
The signing and performance of labor contracts with notaries prescribed at Point c, Clause 1 of this Clause must comply with this Law and the labor law.”
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