What is period of notarial practice probation in Vietnam?

What criteria must notaries meet in Vietnam?

Pursuant to Article 8 of the Notary Law 2014, criteria for notaries is stipulated as follows:

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.

What is period of notarial practice probation in Vietnam? (Image from the Internet)

What is period of notarial practice probation in Vietnam?

According to the provisions of Article 5 of Circular 08/2023/TT-BTP, regulations on the probation period for notary practice are as follows:

Notary practice probation period

1. The notary practice probationary period (hereinafter abbreviated as the probationary period) specified in Clause 1, Article 11 of the Notary Law is calculated from the effective date of the decision to register for notary practice probation.

2. In case the probationer changes the probationary place according to the provisions of Article 8 of this Circular, the probationary period is calculated by the total probationary period of that person at the notary practice organizations.

Clause 1, Article 11 of the Notary Law 2014 stipulates:

Notarial practice probation

1. Those who have been granted certificates of graduation from notary training courses or certificates of completion of notary re-training courses shall undergo a probationary period at a notarial practice organization. A probationer may directly contact a notarial practice organization qualified to admit probationers so as to join such organization on probation; if he/she cannot directly contact any notarial practice organization, he/she may request the provincial-level Justice Department of the locality where he/she wishes to undergo a probationary period to arrange his/her probation at a notarial practice organization qualified to admit probationers.

Probationers shall register their probation at the provincial-level Justice Departments of the localities where the notarial practice organizations which they join on probation are located.

The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course or 6 months for persons possessing a certificate of completion of a notary re-training course. The period of notarial practice probation shall be counted from the date of probation registration.

According to this Article, the probation period of notary practice is 12 months for those with a certificate of graduation from a notary training course or 06 months for those with a certificate of notary training.

The probation period is calculated from the date of deciding to register for the probation.

In what cases is probation period before the temporary suspension of notarial practice probation counted as a probation period in Vietnam?

Pursuant to Article 9 of Circular 08/2023/TT-BTP regulating temporary suspension of notary practice probations, specifically:

Temporarily suspend notary practice probation

...

3. The probationary period is not counted in the notary practice probationary period.

The probationary period before temporary suspension of probation is included in the total probationary period of notary practice, except in cases where probationary registration must be re-registered as prescribed in Clause 3, Article 6 of this Circular.

Thus, the probationary period before temporarily suspending the probationary practice of notary practice is not counted as the probationary period in case you have to re-register for the probationary period when you meet the conditions for probationary registration and fall into the following cases:

[1] Reasons for termination of probation no longer include:

- 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, and workers in agencies and units of the People's Public Security.

- No longer permanently residing in Vietnam.

- Suspension of probation beyond the prescribed number of times or the probation period has expired without continuing the probation

[2] Completely served the sentence, unless convicted of an intentional crime.

[3] Have completed administrative handling measures according to the provisions of law on handling administrative violations;

[4] After a period of 02 years, from the date the Department of Justice's decision to delete the name of the Probationer from the List of Probationers as prescribed in Clause 1, Article 30 of Circular 08/2023/TT-BTP takes effect.

What acts are strictly prohibited by notary practice organizations in Vietnam?

Pursuant to Clause 1, Article 7 of the Notary Law 2014, amended by Point b, Clause 9, Article 73 of the Price Law 2023, which regulations prohibit notary practice organizations from performing?

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.

Note: Circular 08/2023/TT-BTP takes effect from November 20, 2023

Best regards!