Who is ineligible for appointment as notaries? What are the criteria for notaries in Vietnam?
Who is ineligible for appointment as notaries in Vietnam?
Pursuant to Article 13 of the Law on Notarization 2014, the following cases are not allowed to be appointed:
- 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.
- Those who are being subjected to administrative handling measures in accordance with the law on handling of administrative violations.
- Those who have their civil act capacity lost or restricted.
- 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.
- 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.
Accordingly, an individual will not be appointed a notary when falling into one of the five cases mentioned above.
Who is ineligible for appointment as notaries? What are the criteria for notaries in Vietnam? (Image from the Internet)
What are the criteria for notaries in Vietnam?
Pursuant to Article 8 of the Law on Notarization 2014, it is stipulated as follows:
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, only Vietnamese citizens who fully meet the above standards and conditions can be appointed notaries.
Vietnam: Can notaries be relieved from duty at their own wills?
Pursuant to Article 15 of the Law on Notarization 2014, it is stipulated 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.
According to the above regulations, notaries are dismissed based on personal wishes.
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.
.
LawNet