To be appointed as a notary in Vietnam, what are the regulations on legal working time for Bachelor of Laws?
To be appointed as a notary in Vietnam, what are the regulations on legal working time for Bachelor of Laws?
Pursuant to Clause 1, Article 12 of the Law on Notarization 2014 stipulates the appointment of notaries as follows:
"Article 12. 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."
Accordingly, Article 8 of the Law on Notarization 2014 stipulates as follows:
"Article 8. Criteria for notaries
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:
1. Having a bachelor of law degree.
2. Having performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree.
3. 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.
4. Meeting requirements on notarial practice probation results.
5. Being physically fit for notarial practice."
Thus, a law bachelor needs to have worked in law for 5 years or more at agencies and organizations, which is one of the conditions for appointment of a notary.
Conditions for Bachelor of Law to be appointed as a notary in Vietnam
What are the applications for appointment of notaries in Vietnam?
Pursuant to Clause 2, Article 12 of the Law on Notarization 2014 stipulates that the application file for appointment of a notary includes:
"Article 12. Appointment of notaries
...
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."
How to appoint notaries in Vietnam?
Pursuant to the provisions of Clauses 3 and 4, Article 12 of the Law on Notarization 2014, the appointment of a notary is as follows:
"Article 12. Appointment of notaries
...
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."
In addition, note more about the case of not being appointed in Article 13 of the Law on Notarization 2014 as follows:
"Article 13. 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."
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