After how many time of reminders does probationers suspend notarial practice probation in Vietnam?

What actions are strictly prohibited in notarization in Vietnam?

Pursuant to Article 7 of the Notary Law 2014, amended by point b, clause 9, Article 73 of the Price Law 2023, the following prohibited acts in notarization are prescribed:

1. Notaries and notarial practice organizations are prohibited from committing the following acts:

a/ Disclosing information on the contents of notarized documents, unless notarization requesters so agree in writing or otherwise provided by law; using information on notarized contents to infringe upon lawful rights and interests of individuals and organizations;

b/ Notarizing contracts, transactions or translations the purposes and contents of which violate law or are contrary to social ethics; inciting or creating conditions for parties to contracts or transactions to conduct sham transactions or commit other deceitful acts;

c/ Notarizing contracts, transactions or translations which are related to properties or interests of their own or of their relatives being spouses; natural parents, adoptive parents; natural parents, adoptive parents of their spouses; natural children, adopted children or children-in-law; grandparents, siblings or siblings-in-law; and natural grandchildren, adopted grandchildren;

d/ Refusing notarization requests without plausible reasons; harassing or causing difficulties to notarization requesters;

dd/ Receiving or demanding money or other benefits from notarization requesters in addition to notarization changes, notarization prices for on-demand notarization-related services and other expenses already determined and agreed; receiving or demanding money or other benefits from a third party to settle or refuse to settle notarization requests, causing damage to notarization requesters or related organizations and individuals;

e/ Forcing others to use their services; colluding with notarization requesters or related persons to falsify contents of notarized documents or notarization dossiers;

g/ Exerting pressure, threatening or committing acts which are illegal or contrary to social ethics in order to gain advantage for themselves or their organizations in notarial practice;

h/ Advertising themselves or their organizations in the mass media;

i/ A notarial practice organization establishing branches, representative offices or transaction places other than its head office; conducting production, business and service activities outside its registered scope of operation;

k/ A notary practicing his/her profession concurrently at two or more notarial practice organizations or performing other regular jobs;

l/ A notary participating in the management of an enterprise other than his/her notarial practice organization; providing brokerage or agency services; receiving profits from a contract or transaction which he/she has notarized;

m/ Committing violations of law or rules on notarial practice ethics.

2. Organizations and individuals are prohibited from committing the following acts:

a/ Pretending to be notarization requesters;

b/ Notarization requesters providing false information and documents or using counterfeit or illegally erased or modified papers and documents to request notarization;

c/ Witnesses or interpreters committing deceitful or dishonest acts;

d/ Obstructing notarial activities.

After how many time of reminders does probationers suspend notarial practice probation in Vietnam? (Image from the Internet)

After how many time of reminders does probationers suspend notarial practice probation in Vietnam?

Pursuant to Clause 1, Article 30 of Circular 08/2023/TT-BTP stipulating handling of violations regarding probationary notary practice:

Handling violations of notary practice probation

1. If a probationer violates the provisions of this Circular and has been warned and requested correction in writing at least 03 times by a public practice organization certifying his or her probation at least 03 times but still continues to violate the law, then the probation organization will take legal action. The notary profession requests the Department of Justice to consider terminating the notary practice internship; In case a notary practice organization intentionally covers up and does not report to the Department of Justice, the Department of Justice will conduct inspection, examination and handling according to the provisions of law.

2. A Notary who refuses to instruct a trainee without a legitimate reason and violates the provisions of this Circular and relevant legal documents shall, depending on the nature and severity of the violation, be subject to one of the forms of handling prescribed by law.

3. A notary practice organization whose name is on the list of eligible trainees refuses to accept trainees without a legitimate reason, appoints notaries who are not qualified to instruct trainees, or violates other regulations of this Circular and other relevant legal documents, depending on the nature and severity of the violation, they shall be handled according to the provisions of law.

According to the above regulations in Vietnam, probationers who commit violations will be considered for termination of their notary practice probation in cases where the probationer has been reminded and requested correction in writing at least 3 times but the violation continues.

In what cases does a probationer suspend practicing notary practice in Vietnam?

Pursuant to Clause 1, Article 10 of Circular 08/2023/TT-BTP stipulates that trainees terminate their notary practice internship in the following cases:

- Self-termination of probation;

- Recruited as cadres, civil servants, public employees (except officials working at the Notary Public), officers, professional soldiers, defense workers in agencies and units of the People's Army; officers, non-commissioned officers, workers in agencies and units of the People's Public Security;

- Sign a labor contract with an agency, organization, or enterprise, except in the case of signing a labor contract with a public practice organization certifying probation or signing a labor contract with an agency, organization, or enterprise that working hours do not coincide with the working days and hours of the public practice organization certifying the internship;

- No longer permanently residing in Vietnam;

- Lost or limited civil act capacity; have difficulty in cognition and behavior control;

- Being prosecuted for criminal liability or convicted by a legally effective judgment of the Court;

- Subject to administrative sanctions;

- Failure to conduct a probationary period within 30 days from the effective date of the Department of Justice's probation registration decision;

- Temporary suspension of probation other than prescribed cases; Suspension of probation beyond the prescribed number of times or the prescribed period of probation has expired without continuing the probation;

- The probationary period was terminated by the Department of Justice according to regulations;

- Belongs to the case of not being allowed to register for a notary practice internship at the time of probation registration.

Best regards!