Can notaries concurrently perform other regular jobs? What is included in the dossier of request for re-appointment as notaries in Vietnam?
Can a notary concurrently perform other jobs besides notarization?
According to Point k, Clause 1, Article 7 of the 2014 Law on Notarization in Vietnam providing as follows:
Prohibited acts
1. Notaries and notarial practice organizations are prohibited from committing the following acts:
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k/ A notary practicing his/her profession concurrently at two or more notarial practice organizations or performing other regular jobs;
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Thus, according to regulations, it is prohibited for notaries to practice his/her profession concurrently at two or more notarial practice organizations or perform other regular jobs.
Can notaries concurrently perform other regular jobs? What is included in the dossier of request for re-appointment as notaries in Vietnam? (Image from the Internet)
Will a notary who concurrently performs another job be relieved from duty?
Pursuant to Article 15 of the 2014 Law on Notarization in Vietnam on the relief from duty of notaries as follows:
Relief from duty of notaries
1. A notary may be relieved from duty at his/her own will or transferred to another job.
The notary shall submit a written request for relief from duty to the provincial-level Justice Department with which he/she has registered his/her professional practice. Within 15 days after receiving the written request, the provincial-level Justice Department shall send a written proposal enclosed with the notary’s written request to the Minister of Justice.
2. A notary shall be relieved from duty in the following cases:
a/ He/she no longer satisfies the criteria for notaries prescribed in Article 8 of this Law;
b/ He/she has his/her civil act capacity lost or restricted;
c/ He/she concurrently performs another regular job;
d/ He/she fails to conduct notarial practice within 2 years after being appointed as a notary or fails to conduct notarial practice for 12 consecutive months or more;
dd/ The duration of suspension from notarial practice prescribed in Clause 2, Article 14 of this Law has expired but the reason for the suspension still exists;
e/ He/she has been sanctioned twice for administrative violations in notarial practice but still continue committing violations; he/she has been disciplined in the form of reprimand or in a heavier form twice but still continue committing violations, or has been disciplined in the form of dismissal;
g/ He/she is convicted under a court’s legally effective sentence;
h/ He/she is ineligible for appointment as a notary in the cases prescribed in Article 13 of this Law at the time of being appointed.
3. Provincial-level Justice Departments shall scrutinize and examine the satisfaction of professional practice criteria by notaries in their localities.
When having grounds to believe that a notary falls into a case subject to relief from duty prescribed in Clause 2 of this Article, the provincial-level Justice Department shall send a written proposal for relief from duty of the notary, enclosed with relevant supporting documents, to the Minister of Justice.
4. Within 15 days after receiving a dossier of proposal for relief from duty of a notary, the Minister of Justice shall consider and decide to relieve the notary from duty.
Thus, according to regulations, notaries who concurrently perform another job will be relieved from duty.
What is included in the dossier of request for re-appointment as notaries in Vietnam?
According to Article 16 of the 2014 Law on Notarization in Vietnam, the re-appointment of notaries is as follows:
Re-appointment as notaries
1. Notaries who have been relieved from duty under Clause 1, Article 15 of this Law may be considered for re-appointment as notaries when they make requests for re-appointment.
2. Except the case prescribed in Clause 3 of this Article, notaries who have been relieved from duty under Clause 2, Article 15 of this Law may be considered for re-appointment as notaries when fully meeting the criteria for notaries prescribed in Article 8 of this Law and the reasons for their relief from duty no longer exist.
3. Notaries who have been relieved from duty because as they are convicted under court’s legally effective sentences of intentional crimes, have been twice sanctioned for administrative violations in notarial practice but continue committing violations; have been disciplined in the form of reprimand or in a heavier form twice but still continue committing violations or in the form of dismissal shall not be re-appointed as notaries.
4. Procedures for re-appointment as notaries must comply with Article 12 of this Law. A dossier of request for re-appointment as a notary must comprise:
a/ A written request for re-appointment as a notary, made according to a form set by the Minister of Justice;
b/ The judicial record;
c/ The health certificate granted by a competent health agency;
d/ A copy of the decision on relief from duty of the notary;
dd/ Copies of papers proving that the reason for relief from duty no longer exists, except the case prescribed in Clause 1 of this Article.
Thus, a dossier of request for re-appointment as a notary must comprise:
- A written request for re-appointment as a notary, made according to a form set by the Minister of Justice;
- The judicial record;
- The health certificate granted by a competent health agency;
- A copy of the decision on relief from duty of the notary;
- Copies of papers proving that the reason for relief from duty no longer exists, except the case prescribed in Clause 1 of this Article.
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