Under what circumstances is a notary in Vietnam relieved from duty?

Dear Sir, Lawnet would like to provide the following response:

1. What are standards for a notary in Vietnam?

According to the provisions of Article 8 of the 2014 Law on Notarization, Vietnamese citizens permanently residing in Vietnam, adhering to the Vietnam Constitution 2013, and the laws of Vietnam, with good moral qualities and meeting the following standards may be considered for appointment as notaries:

(1) Holding a Bachelor of Laws degree;

(2) Having at least 05 years of legal experience at agencies or organizations after obtaining the Bachelor of Laws degree;

(3) Graduating from a notary training course as stipulated in Article 9 of the 2014 Law on Notarization or completing a notary profession training course as stipulated in Clause 2, Article 10 of the 2014 Law on Notarization;

(4) Passing the examination for notary practice internship results;

(5) Ensuring good health to practice as a notary.

2. IUnder what circumstances is a notary in Vietnam relieved from duty?

The dismissal of notaries is stipulated in Article 15 of the 2014 Law on Notarization as follows:

- Notaries may be relieved based on their personal desire or transfer to other jobs.

Notaries shall submit a request for dismissal to the Department of Justice in the locality where they are registered to practice. Within 15 days from the date of receiving the request for dismissal, the Department of Justice shall send a document along with the notary's request for dismissal to the Minister of Justice.

- Notaries are relieved in the following cases:

+ No longer meeting the notary standards as stipulated in Article 8 of the 2014 Law on Notarization;

+ Losing or having limited civil act capacity;

+ Concurrently holding other regular jobs;

+ Not practicing notary work for 02 years from the date of appointment or not practicing continuously for over 12 months;

+ Expiration of the temporary suspension period of notary practice stipulated in Clause 2, Article 14 of the 2014 Law on Notarization while the reason for the suspension remains;

+ Being administratively sanctioned twice in notary practice activities but still continuing to violate; being disciplined with a warning or higher for the second time but continuing to violate, or being relieved;

+ Being convicted by a legally effective court judgment;

+ Falling into cases where notaries cannot be appointed as stipulated in Article 13 of the 2014 Law on Notarization at the time of appointment.

- The Department of Justice is responsible for reviewing and inspecting the assurance of practice standards of notaries in their locality.

When there are grounds to believe that a notary falls into cases of dismissal stipulated in Clause 2, Article 15 of the 2014 Law on Notarization, the Department of Justice shall send a document proposing the dismissal of the notary along with the relevant documents to the Minister of Justice.

- Within 15 days from the date of receiving the proposal for dismissal of the notary, the Minister of Justice shall review and decide on the dismissal.

Thus, notaries can be relieved based on personal desire or job transfer. Notaries will be relieved if they no longer meet practice standards, lose civil act capacity, concurrently hold other jobs, do not practice continuously or are subject to legal or ethical violations leading to administrative sanctions, disciplinary actions, or convictions. The Department of Justice is responsible for inspecting the practice conditions of notaries and proposing their dismissal to the Ministry of Justice, which then reviews and decides on the dismissal within 15 days from the date of receiving the dossier.

3. Is it possible to reappoint a relieved notary in Vietnam?

According to the provisions of Clauses 2 and 3, Article 16 of the 2014 Law on Notarization, a relieved notary may be reappointed in the following cases:

- A person relieved as a notary under Clause 2, Article 15 of the 2014 Law on Notarization may be reappointed as a notary when meeting the notary standards stipulated in Article 8 of the 2014 Law on Notarization and the reason for dismissal no longer exists, except in the following cases:

+ A person relieved as a notary due to being convicted by a legally effective court judgment for intentional crimes, administratively sanctioned twice in notary practice but still continuing to violate, or disciplined with a warning or higher for the second time but continuing to violate, or relieved shall not be reappointed as a notary.

Thus, a relieved notary can be considered for reappointment when meeting the criteria outlined in Section 1 and the reason for dismissal no longer exists.

Please Login to be able to download