Who is ineligible for appointment as notaries in Vietnam? How long is the time for appointment of notaries in Vietnam?
Who is ineligible for appointment as notaries in Vietnam?
Pursuant to Article 13 of the 2014 Law on Notarization in Vietnam stipulating persons ineligible for appointment as notaries specifically as follows:
Persons ineligible for appointment as notaries
1. Those who are being examined for penal liability or have been convicted under a court’s legally effective sentence of an unintentional crime but have not yet had their criminal records written off, or of an intentional crime.
2. Those who are being subjected to administrative handling measures in accordance with the law on handling of administrative violations.
3. Those who have their civil act capacity lost or restricted.
4. Cadres who have been disciplined in the form of removal from office; civil servants or public employees who have been disciplined in the form of dismissal; officers, professional army men, workers and public employees of agencies and units under the People’s Army, and officers, non-commissioned officers, workers and employees of units under the People’s Public Security Force who have been disciplined in the form of deprival of the title of army man or people’s policeman or have been expelled from the service.
5. Those who have their legal practice certificates revoked after they are disciplined in the form of disbarment; those who have been deprived of the right to use their legal practice certificates and the 3-year period, counting from the effective date of the decision on revocation of legal practice certificates or the date of completing the serving of the decision on deprival of the right to use legal practice certificates, has not yet expired.
Thus, a person in one of the above cases will not be appointed as a notary.
Who is ineligible for appointment as notaries in Vietnam? How long is the time for appointment of notaries in Vietnam? (Image from the internet)
What are the rights and obligations of notaries in Vietnam?
Pursuant to Article 17 of the 2014 Law on Notarization in Vietnam stipulating that notaries have the following rights and obligations:
Notaries have the following rights:
- To have their right to notarial practice protected by law;
- To participate in the establishment of notary offices or work under contracts for notarial practice organizations;
- To notarize contracts, transactions and translations in accordance with this Law;
- To request related individuals, agencies and organizations to provide information and documents serving the notarization;
- To refuse to notarize contracts, transactions and translations which violate law or are contrary to social ethics;
- To have other rights as prescribed in this Law and other relevant laws.
Notaries have the following obligations:
- To abide by the principles of notarial practice;
- To practice at a notarial practice organization;
- To respect and protect lawful rights and interests of notarization requesters;
- 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;
- To keep secret contents of notarized documents, unless otherwise agreed in writing by notarization requesters or provided by law;
- To attend notary re-training courses every year;
- 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;
- To join socio-professional organizations of notaries;
- To be managed by competent state agencies, notarial practice organizations where they work and the notaries’ socio-professional organization of which they are members;
- To have other obligations as prescribed by this Law and other relevant legal documents.
How long is the time for appointment of notaries in Vietnam?
Pursuant to Article 12 of the 2014 Law on Notarization in Vietnam stipulating as follows:
Appointment of notaries
1. Those who fully satisfy the criteria prescribed in Article 8 of this Law may request the Minister of Justice to appoint them as notaries. Dossiers of request for appointment as notaries shall be sent to the provincial-level Justice Departments of the localities where the requesters have registered for notarial practice probation.
2. A dossier of request for appointment as a notary must comprise:
a/ A written request for appointment as a notary, made according to a form set by the Minister of Justice;
b/ The requester’s judicial record;
c/ A copy of the bachelor of law, master of law or doctor of law degree;
d/ Papers proving the working seniority in the legal sector;
dd/ A copy of the certificate of graduation from a notary training course. For those exempted from notary training, a copy of the certificate of completion of a notary re-training course and papers proving the eligibility for exemption from notary training as prescribed in Clause 1, Article 10 of this Law;
e/ A copy of the certificate of notarial practice probation results;
g/ A health certificate granted by a competent health agency.
3. Within 10 working days after receiving a complete dossier of request for appointment as a notary prescribed in Clause 2 of this Article, the provincial-level Justice Department shall make a written proposal enclosed with the dossier to the Minister of Justice to appoint the requester as a notary. In case of refusal, it shall reply in writing clearly stating the reason to the requester.
4. Within 30 days after receiving the written proposal and dossier from the provincial-level Justice Department, the Minister of Justice shall consider and decide to appoint the requester as a notary; in case of refusal, he/she shall issue a written reply clearly stating the reason to the provincial-level Justice Department and the requester.
Thus, individuals who fully meet the conditions and criteria for appointment of notaries have the right to submit dossiers of request for appointment of notaries.
Within 10 working days after receiving a complete dossier of request for appointment as a notary, the provincial-level Justice Department shall make a written proposal enclosed with the dossier to the Minister of Justice to appoint the requester as a notary.
Within 30 days after receiving the written proposal and dossier from the provincial-level Justice Department, the Minister of Justice shall consider and decide to appoint the requester as a notary.
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