From July 1, 2025, are notaries in Vietnam allowed to practice only until the age of 70?
From July 1, 2025, are notaries in Vietnam allowed to practice only until the age of 70?
Based on Article 10 of the Law on Notarization in 2024 stipulating the standards for appointing notaries:
Article 10. Standards for appointing notaries
Individuals meeting the following criteria shall be considered for appointment as notaries:
1. Be a Vietnamese citizen not over 70 years old;
- Reside in Vietnam, comply with the Constitution and laws, have good moral character, and ensure health to practice notarization;
- Hold a bachelor's degree in law, master's degree in law, or doctoral degree in law;
- Have at least 3 years of legal work experience at an agency or organization after obtaining a bachelor's, master's, or doctoral degree in law;
- Graduate from a notarization training course;
- Meet the requirements of the internship practice result examination.
In Article 16 of the Law on Notarization in 2014:
Article 16. Dismissal of notaries
- Notaries may be dismissed at their personal request or when transferred to another job by decision of a competent authority.
Notaries are automatically dismissed when over 70 years old.
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Based on clause 5 of Article 76 of the Law on Notarization in 2024 regarding transitional provisions on notarization activities from the effective date of this Law:
Article 76. Transitional provisions on notarization activities from the effective date of this Law
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- Notaries over 70 years old practicing notarization on the effective date of this Law are allowed to continue practicing for a period of 02 years from the effective date of this Law; notaries aged from 68 to 70 on the effective date of this Law can practice notarization until they reach 72 years old. After the stated period expires, notaries are automatically dismissed.
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According to the above provisions, one of the standards for appointing a notary is being a Vietnamese citizen not over 70 years old. Thus, notaries can only practice until they are 70 years old. Notaries are automatically dismissed when over 70 years old.
For notaries over 70 years old practicing notarization on July 1, 2025, they can continue to practice for a maximum period of 02 years from July 1, 2025.
Notaries aged from 68 to 70 on the effective date of the Law on Notarization in 2024 may practice notarization until reaching 72 years old. Once the stated period expires, notaries are automatically dismissed.
From July 1, 2025, are notaries in Vietnam allowed to practice only until the age of 70? (Image from the Internet)
Who is not eligible to be appointed as a notary in Vietnam?
According to Article 14 of the Law on Notarization in 2024, individuals not eligible for appointment as notaries include:
- Those not meeting the standards for appointment as notaries
- Individuals under criminal investigation; those convicted of crimes committed due to negligence without having their criminal records expunged; those convicted of intentional crimes, even if their criminal records have been erased
- Individuals subject to administrative measures for education at the commune, ward, commune-level town, sent to compulsory education centers, or compulsory detoxification centers
- Individuals who have lost or have restricted civil act capacity; individuals facing difficulties in perception or behavior control
- Current officials and public employees, except public employees of the Notary Office; officers, non-commissioned officers, soldiers, professional military members, workers, and public employees in units under the People's Army; officers, non-commissioned officers, soldiers, and workers in units under the People's Public Security
- Individuals concurrently serving as executors, lawyers, auctioneers, administrators, legal consultants, price appraisers, or working at more than two notarial practice organizations; simultaneously being executors, lawyers, auctioneers, administrators, legal consultants, price appraisers; working under work contracts or labor contracts at enterprises, cooperatives, cooperative unions, agencies, and other organizations or engaging in work that regularly requires working during business hours
- Officials being disciplined by dismissal; officials and public employees being disciplined by dismissal; officers, non-commissioned officers, soldiers, professional military members, workers, and public employees in units under the People's Army being disciplined by stripping of military titles or dismissal; officers, non-commissioned officers, soldiers, and workers in units under the People's Public Security being disciplined by stripping of People's Public Security titles or dismissal
- Executors, lawyers, auctioneers, administrators, legal consultants, price appraisers relieved or having their practice certificates revoked due to law violations, within 03 years from the date the dismissal decision or certificate revocation decision becomes effective.
In which cases are notaries in Vietnam temporarily suspended from practicing notarization?
Pursuant to Article 15 of the Law on Notarization in 2024 specifying the temporary suspension of practicing notarization:
Article 15. Temporary suspension of practicing notarization
- Notaries are temporarily suspended from practicing notarization in the following cases:
a) Under criminal investigation;
b) Subject to administrative handling measures according to clause 3, Article 14 of this Law.
Within 05 working days from the date of receiving the decision on criminal investigation or the decision to apply administrative handling measures to the notary, the Department of Justice where the notary's card was issued shall issue a decision on the temporary suspension of practicing notarization.
- The maximum period of temporary suspension from practicing notarization is 12 months.
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According to the above regulations, notaries are temporarily suspended from practicing notarization in the following cases:
- Under criminal investigation
- Subject to administrative handling measures for education at the commune, ward, commune-level town, sent to compulsory education centers, or compulsory detoxification centers.
