28/12/2024 09:52

Cases of temporary suspension of notarial practice in Vietnam from July 1, 2025

Cases of temporary suspension of notarial practice in Vietnam from July 1, 2025

According to the provisions of the Law on Notarization of Vietnam 2024, in which cases will notarial practice in Vietnam be suspended?

New regulations on notarial profession training duration in Vietnam from July 1, 2025

According to Article 11 of the Law on Notarization of Vietnam 2024, regulations regarding notarial profession training from July 1, 2025, are as follows:

- Individuals holding a bachelor's degree in law, master's degree in law, or doctorate in law are eligible to register for a notarial profession training course at a notarial profession training institution.

- The training duration for the notarial profession is 12 months, except for the cases specified below.

- The following individuals will have a training duration of 06 months:

+ Individuals who have worked for at least 05 years as judges; procurators; investigators; principal inspectors in the Court sector; intermediate executors, principal inspectors for civil judgment execution; principal inspectors in the Procuracy sector; legal aid officers of grade II; principal inspectors in the Justice sector; principal experts, chief legal advisers, principal researchers, principal lecturers in the legal field;

+ Bailiffs, lawyers, auctioneers who have practiced for at least 05 years;

+ Professors, associate professors specializing in law; doctorates in law;

+ Individuals who have been senior inspectors in the Court sector; senior executors, senior inspectors for civil judgment execution; senior inspectors in the Procuracy sector; legal aid officers of grade I; senior inspectors in the Justice sector; senior experts, chief legal advisers, senior researchers, senior lecturers in the legal field.

- Individuals who complete the notarial profession training program will receive a certificate of completion from the notarial profession training institution.

- The Government of Vietnam shall regulate the notarial profession training institutions.

- The Minister of Justice shall regulate the framework program for the notarial profession training and recognize equivalence for those trained in the notarial profession abroad.

Currently, the notarial profession training is regulated under Article 9 of the Vietnam Notary Law 2014 as follows:

Notarial Profession Training

1. Individuals holding a bachelor's degree in law may participate in a notarial profession training course at a notarial profession training institution.

2. The training duration for the notarial profession is 12 months.

Individuals who complete the notarial profession training program will receive a certificate of completion from the notarial profession training institution.

...

Thus, the training duration for the notarial profession from the effective date of the Law on Notarization of Vietnam 2024 (July 1, 2025) remains 12 months. However, for the following subjects, the training duration will be 06 months:

- Individuals who have worked for at least 05 years as judges; procurators; investigators; principal inspectors in the Court sector; intermediate executors, principal inspectors for civil judgment execution; principal inspectors in the Procuracy sector; legal aid officers of grade 2; principal inspectors in the Justice sector; principal experts, chief legal advisers, principal researchers, principal lecturers in the legal field;

- Bailiffs, lawyers, auctioneers who have practiced for at least 05 years;

- Professors, associate professors specializing in law; doctorates in law;

- Individuals who have been senior inspectors in the Court sector; senior executors, senior inspectors for civil judgment execution; senior inspectors in the Procuracy sector; legal aid officers of grade 1; senior inspectors in the Justice sector; senior experts, chief legal advisers, senior researchers, senior lecturers in the legal field.

Cases of temporary suspension of notarial practice in Vietnam from July 1, 2025

According to Article 15 of the Law on Notarization of Vietnam 2024, notaries will be temporarily suspended from practice in the following cases:

- Being prosecuted for criminal liability;

- Being subject to administrative measures as stipulated in Clause 3, Article 14 of the Law on Notarization of Vietnam 2024.

Within 05 working days from receiving the decision on criminal prosecution or the decision to apply administrative measures to the notary, the Department of Justice where the notary's card was issued will decide to temporarily suspend the notarial practice.

- The maximum duration for the temporary suspension of notarial practice is 12 months.

The temporary suspension of notarial practice will be terminated prematurely in the following cases:

- There is a decision to dismiss the investigation, dismiss the case, or a court ruling declaring not guilty has been issued;

- No longer subjected to administrative measures.

Within 05 working days from receiving the request from the notary along with documents proving the termination of the temporary suspension, the Department of Justice shall issue a decision to terminate the temporary suspension of notarial practice.

The Government of Vietnam shall regulate the forwarding and publishing of information regarding the decision for temporary suspension of notarial practice and the decision to terminate the temporary suspension of notarial practice.

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