Can a social insurance book be used as evidence of working time of legal practices to be appointed as a notary in Vietnam?

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Question date: 28/11/2023

Can a social insurance book be used as evidence of working time of legal practices to be appointed as a notary in Vietnam? Which institutions have the authority to train for the notary profession in Vietnam? What are regulations on recognition of equivalence for those who attended notary training courses abroad in Vietnam?

Hello Lawnet. I am currently a civil servant in the field of legal affairs and household registration at the commune level. I plan to study to become a notary in the near future to expand my opportunities. I know that a person need to have 5 years of experience in legal affairs to be appointed as a notary. Can I use my social insurance book to prove that I have worked in legal affairs for 5 years?

Thank you!

    • Can a social insurance book be used as evidence of working time of legal practices to be appointed as a notary in Vietnam?

      Pursuant to Clause 3 Article 3 of the Circular 01/2021/TT-BTP stipulating document proving the working time of legal practices as follows:

      a) Documents specified at Points a, b and c, Clause 2 of this Article;

      b) Decision on recruitment, decision on rotation, transfer, public employment contract or non-public employment contract enclosed with documents proving the time of payment of social insurance premiums in conformity with the legal position vacancy or the contract;

      c) Lawyer practicing certificate, lawyer’s card, auction license, liquidator practicing certificate, decision on appointment of a bailiff together with documents proving the time of payment of social insurance premiums in conformity with the position;

      d) Other legal documents proving working time of legal practices.

      According to current regulations, the social insurance book can be considered as a document proving the period of social insurance payment. However, in addition to the social insurance book, a decision of recruitment, a decision of rotation, a decision of transfer, an employment contract or a labor contract is required to prove the period of working time in legal work.

      Can a social insurance book be used as evidence of working time of legal practices to be appointed as a notary in Vietnam? - Source: Internet

      Which institutions have the authority to train for the notary profession in Vietnam?

      Pursuant to Article 7 of the Circular 01/2021/TT-BTP stipulating notary training institution, notary training curriculum as follows:

      1. The notary training institution, under Article 9 of the Notarization Law, is the Judicial Academy affiliated to the Ministry of Justice.

      2. The Judicial Academy shall take charge and coordinate with the Department of Judicial Assistance in, formulating and submitting to the Minister of Justice for promulgation of the notary training curriculum.

      As regulations above, the Judicial Academy affiliated to the Ministry of Justice have the authority to train for the notary profession in Vietnam.

      What are regulations on recognition of equivalence for those who attended notary training courses abroad in Vietnam?

      Pursuant to Article 8 of the Circular 01/2021/TT-BTP stipulating recognition of equivalence for those who attended notary training courses abroad in Vietnam as follows:

      1. A person who attended a notary training course abroad shall be entitled to equivalence recognition in any of the following cases:

      a) He/she has a certificate of notary training course granted by an overseas training institution within the scope of an Agreement on the equivalence of certificates or mutual recognition of qualifications or relevant international treaties regarding certificates to which Vietnam is a member;

      b) He/she has a certificate of notary training course issued by an overseas training institution the notary training curriculum of which has been accredited by the quality accreditation agency of that country or approved by the competent authority of that country to establish and grant certificates.

      2. The applicant for recognition of the equivalence of certificate of notary training course abroad shall submit 01 set of application in person or by post to the Ministry of Justice. The application includes the following documents:

      a) Application for recognition of notary training equivalence (Form TP-CC-01);

      b) A copy of the certificate and a copy of notary training performance abroad, which have been consularly legalized, translated into Vietnamese and the Vietnamese translation must be notarized or authenticated according to the Vietnam’s law.

      3. Within 30 days after receiving a complete and valid application, the Minister of Justice shall issue a decision on recognition of equivalence for the person who attended notary training abroad; in case of refusal, it must be notified in writing, clearly stating the reason.

      Above are regulations on recognition of equivalence for those who attended notary training courses abroad in Vietnam.

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Circular 01/2021/TT-BTP Download
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