During the period of notarial practice probation, can probationers sign notarized documents in Vietnam?

During the period of notarial practice probation, can probationers sign notarized documents in Vietnam?

Pursuant to Article 11 of the Law on Notary 2014 stipulates that notarial practice probation is as follows:

1. Those who have been granted certificates of graduation from notary training courses or certificates of completion of notary re-training courses shall undergo a probationary period at a notarial practice organization. A probationer may directly contact a notarial practice organization qualified to admit probationers so as to join such organization on probation; if he/she cannot directly contact any notarial practice organization, he/she may request the provincial-level Justice Department of the locality where he/she wishes to undergo a probationary period to arrange his/her probation at a notarial practice organization qualified to admit probationers.

Probationers shall register their probation at the provincial-level Justice Departments of the localities where the notarial practice organizations which they join on probation are located.

The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course or 6 months for persons possessing a certificate of completion of a notary re-training course. The period of notarial practice probation shall be counted from the date of probation registration.

2. Notarial practice organizations admitting probationers must have notaries satisfying the conditions on probationer tutoring prescribed in Clause 3 of this Article and have physical foundations to ensure the probation.

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.

4. Notarial practice probationers shall be guided in professional practice skills, perform notarization-related jobs assigned by their tutors and take responsibility before their tutors for such jobs. Probationers may not sign notarized documents.

5. Upon expiration of the probationary period, a notarial practice probationer shall submit to the provincial-level Justice Department with which he/she has registered the probation a written probation result report containing comments of the notary acting as his/her tutor and certification of the notarial practice organization; may register for examination of notarial practice probation results. If meeting requirements on notarial practice probation results, the probationer shall be granted a certificate of notarial practice probation results.

6. The Minister of Justice shall stipulate in detail notarial practice probation and examination of national practice probation results.

Thus, when you are on period of notarial practice probation, you only perform notarization-related jobs assigned by the tutor, and are not allowed to sign notarized documents in Vietnam.

Can dossiers of request for appointment as notaries be sent to the Justice Departments where the requesters reside in Vietnam?

According to Article 12 of the Law on Notary 2014, appointment of notaries is as follows:

1. Those who fully satisfy the criteria prescribed in Article 8 of this Law may request the Minister of Justice to appoint them as notaries. Dossiers of request for appointment as notaries shall be sent to the provincial-level Justice Departments of the localities where the requesters have registered for notarial practice probation.

2. A dossier of request for appointment as a notary must comprise:

a/ A written request for appointment as a notary, made according to a form set by the Minister of Justice;

b/ The requester’s judicial record;

c/ A copy of the bachelor of law, master of law or doctor of law degree;

d/ Papers proving the working seniority in the legal sector;

dd/ A copy of the certificate of graduation from a notary training course. For those exempted from notary training, a copy of the certificate of completion of a notary re-training course and papers proving the eligibility for exemption from notary training as prescribed in Clause 1, Article 10 of this Law;

e/ A copy of the certificate of notarial practice probation results;

g/ A health certificate granted by a competent health agency.

3. Within 10 working days after receiving a complete dossier of request for appointment as a notary prescribed in Clause 2 of this Article, the provincial-level Justice Department shall make a written proposal enclosed with the dossier to the Minister of Justice to appoint the requester as a notary. In case of refusal, it shall reply in writing clearly stating the reason to the requester.

4. Within 30 days after receiving the written proposal and dossier from the provincial-level Justice Department, the Minister of Justice shall consider and decide to appoint the requester as a notary; in case of refusal, he/she shall issue a written reply clearly stating the reason to the provincial-level Justice Department and the requester.

According to this Article, when you meet the criteria to appoint a notary, you must submit your application to the Justice Department where you have registered for notarial practice probation. If the place of registration of the probationary period is different from the place of residence, the application must be submitted at the place where the probationary period has been registered in Vietnam.

Best Regards!