From July 1, 2025, in which cases are notaries in Vietnam dismissed?
From July 1, 2025, in which cases are notaries in Vietnam dismissed?
Pursuant to Article 16 of the Notary Law 2024 stipulating the dismissal of notaries:
Article 16. Dismissal of notaries
- A notary is dismissed at their personal request or when transferred to another job by a decision of a competent authority.
A notary is automatically dismissed when they are over 70 years old.
- A notary is dismissed in the following cases:
a) No longer meeting the criteria prescribed in Article 10 of this Law, except for the automatic dismissal case stipulated in Clause 1 of this Article;
b) Falling under the provisions of Clause 4, Article 14 of this Law;
c) Being recruited, appointed, or transferred to hold one of the positions of work stipulated in Clause 5, Article 14 of this Law, except when they have already been dismissed in accordance with Clause 1 of this Article;
d) Falling under the provisions of Point h, Clause 1, Article 9 of this Law;
[...]
A notary is dismissed in the following cases:
- No longer meeting the criteria for being a notary, except for the case of automatic dismissal
- A person who has lost civil act capacity or has restricted civil act capacity; a person with difficulties in cognitive, behavioral control.
- Being recruited, appointed, or transferred to hold one of the working positions of officials and public employees, except public employees of the Notary Office; currently an officer, non-commissioned officer, soldier, professional serviceman, worker, or public employee in an agency or unit belonging to the People's Army; currently an officer, non-commissioned officer, soldier, or worker in an agency or unit belonging to the People's Police, except in cases where they have already been dismissed.
- A notary simultaneously practicing at two or more notary practice organizations; concurrently being a bailiff, lawyer, auctioneer, asset manager, legal consultant, price appraiser; working under a working contract or labor contract at businesses, cooperatives, unions of cooperatives, agencies, other organizations, or undertaking work that requires regular administrative hours.
- Not practicing notary services for 12 months from the date of appointment or reappointment as a notary or not continuously practicing notary services for 12 months or more, except in cases where non-practice is due to a temporary suspension of notary practice, or the notary office temporarily ceases operations due to force majeure events or objective obstacles as specified.
- Exceeding the temporary suspension period for notary practice while the reason for suspension still exists.
- Being subject to administrative penalties two or more times regarding notary practice activities within a 12-month period; engaging in notary practice without meeting conditions or during the suspension period for notary practice.
- Being subject to disciplinary action two or more times within a 12-month period or being disciplined and dismissed from the job.
- Being convicted by a legally effective verdict of the court.
- Not meeting the standards for notary appointment at the time of appointment.
From July 1, 2025, in which cases are notaries in Vietnam dismissed? (Image from the Internet)
What are the rights of a notary in Vietnam?
Pursuant to Article 18 of the Notary Law 2024 stipulating the rights of a notary:
- Ensured the right to practice notary services
- Establish or participate in establishing a Notary Office, participate as a partner in a Notary Office, or work according to the policies of a working contract, labor contract for a notary practice organization
- Notarize transactions as stipulated by this law and other related legal regulations; authenticate copies from originals, authenticate signatures on documents, certificates, authenticate the signature of a translator according to legal provisions on authentication
- Request individuals, agencies, organizations related to provide information, documents, exploit and use information from databases in accordance with the law to perform notary services
- Other rights as prescribed
What does an organization practicing notarization in Vietnam include?
Pursuant to Article 19 of the Notary Law 2024 stipulating notary practice organizations:
Article 19. Notary practice organizations
- A notary practice organization includes the Notary Office and Notary Public Office organized and operating under the provisions of this Law and other related legal regulations.
- The Ministry of Justice is responsible for developing and submitting a strategy for the development of the notary field to the Government of Vietnam; guiding localities in building schemes to manage and develop notary practice organizations.
- The Provincial People's Committee is responsible for issuing schemes to manage and develop notary practice organizations; considering and deciding to transfer the authority to authenticate transactions from district-level Justice Departments, Commune People's Committees to notary practice organizations in districts where these organizations have developed to meet the notarization needs of individuals and organizations as stipulated by the Government of Vietnam.
According to the above provisions, a notary practice organization includes the Notary Office and Notary Public Office organized and operating under regulations.
