Can I become a Notary after 5 years working at a Lawyers' office in Vietnam?

Can I become a Notary after 5 years working at a Lawyers' office in Vietnam?

I would like to ask if someone who has a law degree and has worked at a Lawyers' office for 5 years can become a Notary?

Reply:

Pursuant to Article 8 of the Notary Law 2014, it 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.

Thus, people who have a bachelor's degree in law and have worked in law for 5 years or more at agencies and organizations such as Lawyers' offices after obtaining a bachelor's degree in law need to meet additional conditions. Only the remaining people mentioned above can become Notaries in Vietnam.

Can I become a Notary after 5 years working at a Lawyers' office in Vietnam? (Image from the Internet)

If notaries acting as tutors concurrently tutor more than the prescribed number of people, will they be deprived of the right to use their notary’s cards in Vietnam?

Question: How many people are notaries allowed to instruct probationers at the same time? In case there are more than the prescribed number of probationers, will the notary be deprived of the right to use the notary’s card? Thanks for advice.

Reply:

Pursuant to Clause 3, Article 11 of the Notary Law 2014, there are regulations on notarial practice probation as follows:

3. Notarial practice organizations admitting probationers shall assign notaries to tutor probationers.

Notaries acting as tutors must have at least two years’ experience in notarial practice. A notary who is disciplined or administratively sanctioned for violations in notarial practice may not act as a tutor within 12 months after the date of completing the serving of the disciplining decision or administrative sanctioning decision. A notary may not concurrently tutor more than 2 probationers.

Notaries acting as tutors shall guide and take responsibility for jobs performed by probationers under Clause 4 of this Article.

At the same time, Point h, Clause 2, Article 15 of Decree 82/2020/ND-CP also stipulates a fine from 3,000,000 VND to 7,000,000 VND for instructing more than 02 probationers at the same time.

Thus, it can be affirmed that at the same time, a notary is only allowed to instruct two probationers in Vietnam. If you violate, you will be fined as above.

Based on the additional sanctions in Clause 8, Article 15 of Decree 82/2020/ND-CP, this violation will not result in loss of the right to use a notary’s card.

Can a notary refuse to notarize in Vietnam?

According to current legal regulations, can a notary refuse to notarize in Vietnam?

Reply:

Pursuant to Point d, Clause 1, Article 7 of the Notary Law 2014, notaries and notarial practice organizations are prohibited from committing the following 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;

Thus, the Notary still has right to refuse the notarization. However, there must be a legitimate reason, for what reason and how to refuse, otherwise it will violate the provisions of the above prohibitions in Vietnam.

Best regards!