In what cases are notaries in Vietnam relieved from duty? Can a notary who is relieved from duty be reappointed?
In what cases is a notary relieved from duty?
Article 15 of the 2014 Law on Notarization of Vietnam provides for the relief from duty of notaries in Vietnam 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 the above provisions, a notary shall be relieved from duty in the following cases:
- He/she no longer satisfies the criteria for notaries prescribed in Article 8 of the 2014 Law on Notarization of Vietnam;
- He/she has his/her civil act capacity lost or restricted;
- He/she concurrently performs another regular job;
- 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;
- The duration of suspension from notarial practice prescribed in Clause 2, Article 14 of the 2014 Law on Notarization of Vietnam has expired but the reason for the suspension still exists;
- 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;
- He/she is convicted under a court’s legally effective sentence;
- He/she is ineligible for appointment as a notary in the cases prescribed in Article 13 of the 2014 Law on Notarization of Vietnam at the time of being appointed.
In what cases are notaries in Vietnam relieved from duty? Can a notary who is relieved from duty be reappointed? (Image from the Internet)
Can a notary who is relieved from duty be reappointed?
Article 16 of the 2014 Law on Notarization of Vietnam provides for reappointment as notaries as follows:
Reappointment as notaries in Vietnam
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 notary who is relieved from duty shall be re-appointed when all requirements are met, except for cases where notaries 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.
What are the rights and obligations of notaries in Vietnam?
According to Article 17 of the 2014 Law on Notarization of Vietnam, 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.
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