Do female notaries who are pregnant participate in refresher course during the year in Vietnam?

Do female notaries who are pregnant participate in refresher course during the year in Vietnam?

In Clause 3, Article 14 of Circular 01/2021/TT-BTP, the following cases are exempt from the obligation to attend a refresher course during the year:

a) Female notaries who are pregnant or nursing a child under 12 months old;

b) Notaries who are subject to long-term treatment at health facilities for diseases on the list of diseases with long-term treatment prescribed by the Ministry of Health for 3 months or more, with a certificate from a health authority of district level or equivalent or higher.

Notaries shall submit documents proving that they fall under one of the cases specified at Points a and b of this Clause to the Department of Justice where they register their practice by December 15 every year to make a list of notaries exempt from the obligation to attend the refresher course in that year.

Thus, according to the above regulations in Vietnam, pregnant female notaries are exempt from the obligation to participate in annual refresher course. If your wife is a notary and is pregnant, this year's refresher course will be exempted from participation.

Is the notary's refresher course time 5 days in Vietnam?

According to Article 14 of Circular 01/2021/TT-BTP, the time for participating in refresher course is as follows:

1. The minimum attendance time in a refresher course is 02 working days/year (16 hours/year).

2. A notary falling under one of the following circumstances shall be recognized to have fulfilled his/her obligation to attend a refresher course in that year:

a) He/she has a research article on notarization law and notarization-related law published in a domestic or foreign law journal; he wrote or jointly wrote a published book or textbook on notarization;

b) He/she has taught notarization subject at the Judicial Academy; has given lectures at refresher courses held by the organization specified in Clause 1, Article 13 of this Circular;

c) He/she attended a notarization refresher course abroad;

d) He/she acted as a reporter in a training program or seminar concerning the contents specified in Clause 1, Article 12 of this Circular held by the Department of Judicial Assistance, the Department of Justice. In case a notary who is not a reporter attends a training program or seminar specified at Point d of this Clause, one day of attendance shall be counted as 08 hours of refresher course, from 02 days or more is counted as completing the obligation to attend the refresher course. The Department of Judicial Assistance, the Department of Justice shall issue a certificate to the notary, clearly stating the number of days of attendance.

Therefore, according to the above regulations in Vietnam, the time to participate in refresher course of notaries is at least 02 working days/year (16 hours/year). According to this Article, the time to participate in refresher course of notaries can be 5 days, as long as the training time is 16 hours/year.

What are rights and obligations of notaries in Vietnam? 

Pursuant to Article 17 of the Law on Notary 2014 stipulates rights and obligations of notaries as follows:

1. Notaries have the following rights:

a/ To have their right to notarial practice protected by law;

b/ To participate in the establishment of notary offices or work under contracts for notarial practice organizations;

c/ To notarize contracts, transactions and translations in accordance with this Law;

d/ To request related individuals, agencies and organizations to provide information and documents serving the notarization;

dd/ To refuse to notarize contracts, transactions and translations which violate law or are contrary to social ethics;

e/ To have other rights as prescribed in this Law and other relevant laws.

2. Notaries have the following obligations:

a/ To abide by the principles of notarial practice;

b/ To practice at a notarial practice organization;

c/ To respect and protect lawful rights and interests of notarization requesters;

d/ To explain to notarization requesters their lawful rights, obligations and interests, and legal significance and consequences of notarization; if refusing notarization requests, to clearly state the reasons to notarization requesters;

dd/ To keep secret contents of notarized documents, unless otherwise agreed in writing by notarization requesters or provided by law;

e/ To attend notary re-training courses every year;

g/ To take responsibility before law and notarization requesters for documents they have notarized; to take responsibility before law for operations of notary offices of which they are partners;

h/ To join socio-professional organizations of notaries;

i/ To be managed by competent state agencies, notarial practice organizations where they work and the notaries’ socio-professional organization of which they are members;

k/ To have other obligations as prescribed by this Law and other relevant legal documents.

The above are provisions on rights and obligations of notaries by law in Vietnam.

Best Regards!