Can a notary be relieved from duty after period of suspension from notarial practice expires in Vietnam?

Can a notary be relieved from duty after period of suspension from notarial practice expires in Vietnam?

Can a competent state agency decide to relieve a notary public of duty upon the expiration of the period of suspension of that notary's practice according to current law? Is there any law?

Reply:

According to current law provisions in Article 14 of the 2014 Notary Law, the provincial-level Justice Department with which a notary has registered his/her professional practice shall decide to suspend the notary from professional practice in the following cases:

a/ The notary is being examined for penal liability;

b/ The notary is being subjected to an administrative handling measure.

On the other hand, according to the provisions of Clause 2, Article 15 of the 2014 Notary Law, a notary shall be relieved from duty in the following cases:

a/ He/she no longer satisfies the criteria for notaries prescribed in Article 8 of this Law;

b/ He/she has his/her civil act capacity lost or restricted;

c/ He/she concurrently performs another regular job;

d/ He/she fails to conduct notarial practice within 2 years after being appointed as a notary or fails to conduct notarial practice for 12 consecutive months or more;

dd/ The duration of suspension from notarial practice prescribed in Clause 2, Article 14 of this Law has expired but the reason for the suspension still exists;

e/ He/she has been sanctioned twice for administrative violations in notarial practice but still continue committing violations; he/she has been disciplined in the form of reprimand or in a heavier form twice but still continue committing violations, or has been disciplined in the form of dismissal;

g/ He/she is convicted under a court’s legally effective sentence;

h/ He/she is ineligible for appointment as a notary in the cases prescribed in Article 13 of this Law at the time of being appointed.

Thus, conclusion:

Pursuant to the above regulations, a notary will be dismissed when the period of temporary suspension from notary practice expires according to the decision of the Department of Justice (but no more than 12 months) for reasons such as suspension from notarial practice. Symptoms still persist, specifically:

- Be prosecuted for criminal liability;

- Administrative measures will be applied.

The order and procedures for dismissal of notaries comply with the provisions of the 2014 Notary Law and related guiding legal documents.

Can a notary be relieved from duty after period of suspension from notarial practice expires in Vietnam? (Image from the Internet)

What are 03 cases where a notary is not allowed to accept and notarize a translation in Vietnam?

Please ask the following question: In what cases are notaries not allowed to receive and notarize translations? Hope to receive a response soon. Thank you!

Reply:

The translation of papers and documents from Vietnamese into a foreign language or vice versa for notarization shall be done by interpreters being collaborators of notarial practice organizations. These collaborators must be graduates of foreign language universities or other universities who are fluent in the foreign language used. These collaborators shall take responsibility before notarial practice organizations for the accuracy and consistency of their translations.

Accordingly, in Clause 4, Article 61 of the 2014 Notary Law, a notary may not receive and notarize translations in the following cases:

a/ He/she knows or must know that the originals are granted ultra vires or are invalid or counterfeit;

b/ Papers or documents requested for translation have been erased or modified, have additions or omissions, or are damaged or rumpled, making their contents unreadable;

c/ Papers or documents requested for translation are classified as state secrets; papers or documents are banned from dissemination under law.

Can a notary certify copies of documents in Vietnam?

According to the Notary Law No. 53/2014/QH13, there are no regulations on Notary Offices being able to notarize copies of documents (for example, photocopying graduation diplomas and having the copies notarized). So, based on what documents do Notary Offices certify copies of documents?

Reply:

According to the provisions of Article 77 of the 2014 Notary Law:

1. Notaries may certify copies of originals and certify signatures in papers and documents.

2. The certification of copies of originals and certification of signatures in papers and documents must comply with the law on certification.

In addition, Clause 4, Article 5 of Decree 23/2015/ND-CP on authorities and responsibilities for authentication:

4. Notaries have authorities and responsibilities for authenticating the matters as defined in Points a, Clause 1, Point b, Clause 2 of this Article, signing names and affixing seals of the Notary Office.

- Point a Clause 1: Certify true copies from originals of papers, documents issued or certified by Vietnamese competent authorities, foreign competent authorities, or Vietnamese competent authorities in association with foreign competent authorities.

- Point b Clause 2: Authenticate signatures on papers and documents except signatures of translators;

Thus, the Notary of the Notary Office has the authority to certify copies from originals of documents according to the above regulations in Vietnam (not notarized).

Best regards!