What is a notary in Vietnam? How long does the re-training course on notarial practice skills for doctors of law last?
What is a notary in Vietnam?
Pursuant to Article 2 of the Law on Notarization 2014, there is a definition of notary as follows:
Interpretation of terms
In this Law, the terms below are construed as follows:
1. Notarization means the written certification by a notary of a notarial practice organization of the authenticity and lawfulness of a contract or another civil transaction (below referred to as contract or transaction) or of the accuracy, lawfulness and conformity with social ethics of the Vietnamese or foreign-language translation of a paper or document (below referred to as translation) which is prescribed by law or voluntarily requested by an individual or organization to be notarized.
2. 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.
3. Notarization requester means a Vietnamese or foreign individual or organization that requests notarization of a contract, transaction or translation in accordance with this Law.
4. Notarized document means a contract, transaction or translation which has been certified by a notary in accordance with this Law.
5. Notarial practice organizations include notary bureaus and notary offices organized and operating under this Law and other relevant legal documents.
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
A notary shall notarize the authenticity and lawfulness of a contract or another civil transaction (below referred to as contract or transaction) or of the accuracy, lawfulness and conformity with social ethics of the Vietnamese or foreign-language translation of a paper or document (below referred to as translation) which is prescribed by law or voluntarily requested by an individual or organization to be notarized.
What is a notary in Vietnam? How long does the re-training course on notarial practice skills for doctors of law last? (Image from the Internet)
How long is the legal working experience required to meet the qualifications to be appointed as a notary in Vietnam?
Pursuant to Article 8 of the Law on Notarization 2014, criteria for notaries include:
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, persons who have performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree shall be considered for appointment as a notary.
In addition, notaries must satisfy other criteria, such as: having a bachelor of law degree; having graduated from a notary training course as prescribed; meeting requirements on notarial practice probation results; and being physically fit for notarial practice.
Vietnam: How long does the re-training course on notarial practice skills for doctors of law last?
Pursuant to Article 10 of the Law on Notarization 2014, cases of exemption from notary training include:
Exemption from notary training
1. Notary training shall be exempted for the following persons:
a/ Those who have worked as judges, prosecutors or investigators for at least 5 years;
b/ Lawyers who have been engaged in legal practice for at least 5 years;
c/ Law professors and associate professors; doctors of law;
d/ Senior verifiers of courts, senior examiners of procuracies; senior experts, senior researchers and senior lecturers in the legal sector.
2. Persons exempted from notary training under Clause 1 of this Article shall attend a re-training course on notarial practice skills and rules on notary practice ethics at a notary training institution before they are proposed for appointment as notaries. A notary re-training course must last for 3 months.
Those who have completed a notary re-training course shall be granted certificates of completion of the notary re-training course.
3. The Minister of Justice shall stipulate in detail notary re-training courses prescribed in Clause 2 of this Article.
Thus, doctors of law shall be exempted from notary training. However, persons exempted from notary training shall attend a re-training course on notarial practice skills before they are proposed for appointment as notaries. A notary re-training course must last for 3 months.
Those who have completed a notary re-training course shall be granted certificates of completion of the notary re-training course.
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