Can a lawyer who has practiced for 5 years be automatically appointed as a notary in Vietnam?

Can a lawyer who has practiced for 5 years be automatically appointed as a notary in Vietnam?

I am a law student about to graduate. I heard from my seniors that if I finish my law degree and practice for 5 years, I can be appointed as a notary. Is that true?

Answer:

Pursuant to Article 10 of the Law on Notarization in 2014 stipulating exemption from notary training as follows:

1. Notary training shall be exempted for the following persons:

a/ Those who have worked as judges, prosecutors or investigators for at least 5 years;

b/ Lawyers who have been engaged in legal practice for at least 5 years;

c/ Law professors and associate professors; doctors of law;

d/ Senior verifiers of courts, senior examiners of procuracies; senior experts, senior researchers and senior lecturers in the legal sector.

2. Persons exempted from notary training under Clause 1 of this Article shall attend a re-training course on notarial practice skills and rules on notary practice ethics at a notary training institution before they are proposed for appointment as notaries. A notary re-training course must last for 3 months.

Those who have completed a notary re-training course shall be granted certificates of completion of the notary re-training course.

3. The Minister of Justice shall stipulate in detail notary re-training courses prescribed in Clause 2 of this Article.

Therefore, based on the legal regulations, in this case, a lawyer who has practiced for 5 years must complete a refresher course on notary practice skills and notary practice rules at a notary training institution before being appointed as a notary.

Can a lawyer who has practiced for 5 years be automatically appointed as a notary in Vietnam? - Source: Internet

What are the criteria for becoming a notary in Vietnam?

Hello Lawnet. My name is L. I am a high school student in Tien Giang City. I plan to take the Law major and I want to become a notary. Therefore, I want to learn about some issues related to this industry. What are the criteria for becoming a notary in Vietnam?

Answer:

Pursuant to Article 8 of the Law on Notarization in 2014 stipulating criteria for notaries 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:

- Having a bachelor of law degree.

- Having performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree.

- 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.

- Meeting requirements on notarial practice probation results.

- Being physically fit for notarial practice.

Is it right for a notary to refuse to notarize a document in Vietnam?

A landlord and a tenant are going to have a notarized lease agreement. However, the lease agreement does not clearly state the purpose of the lease, so the notary refuses to notarize it. Is the notary's refusal right or wrong?

Answer:

Pursuant to Clause 1 Article 122 of the Law on Housing in 2014, a contract about housing must be agreed upon by the parties and must be in writing. It must include the following content:

- In the cases of buying, selling, donating, exchanging, contributing capital, mortgaging a house, or transferring a commercial housing sales contract, the contract must be notarized or authenticated.

For the transactions specified in this clause, the effective date of the contract is the date of notarization or authentication of the contract.

Pursuant to Clause 1.dd Article 17 of the Law on Notarization in 2014 stipulating rights and obligations of notaries as follows:

- Notaries have the following rights to refuse to notarize contracts, transactions and translations which violate law or are contrary to social ethics.

Therefore, according to the regulations, the lease agreement of the parties is not required to be notarized, but the notary's refusal to perform the notarization for the reason of not stating the purpose of use in the contract is a violation of the regulations. Because the above lease agreement does not violate the law and is contrary to social morality.

Best regards!