From July 1, 2025, will the internship duration for the profession of notary in Vietnam be uniformly set at 12 months?
From July 1, 2025, will the internship duration for the profession of notary in Vietnam be uniformly set at 12 months?
Pursuant to Clause 1 Article 11 of the Notarial Law 2014, the period of apprenticeship for notarial practice is 12 months for those who hold a certificate of completion from a notarial training course, and 06 months for those who hold a certificate of completion from a short-term notarial training program.
According to Article 11 of the Notarial Law 2024 on notarial training:
Article 11. Notarial Training
- Individuals with a bachelor's, master's, or doctorate in law are eligible to register for a notarial training course at a notarial training institution.
2. The duration of notarial training is 12 months, except in cases specified in Clause 3 of this Article.
- The following individuals have a training period of 06 months:
a) Individuals with at least 05 years of experience as judges, prosecutors, investigators, senior court examiners, mid-level enforcement officers, senior civil enforcement officers, senior prosecutorial examiners, category II legal aid officers, senior judicial inspectors, senior legal advisors, senior policy officers, senior researchers, or senior lecturers in law;
b) Court enforcement officers, lawyers, or auctioneers with a practice period of at least 05 years;
c) Professors or associate professors specializing in law, or those with a doctorate in law;
d) Individuals who have held positions as senior court examiners, senior civil enforcement officers, senior prosecutorial examiners, category I legal aid officers, senior judicial inspectors, senior legal advisors, senior policy officers, senior researchers, or senior lecturers in law.
- Those who complete the notarial training program will receive a certificate of completion from the notarial training institution.
- The Government of Vietnam stipulates regulations for notarial training institutions.
- The Minister of Justice prescribes the notarial training curriculum framework and the recognition of equivalent qualifications for those trained abroad.
The unified notarial apprenticeship period is 12 months from the effective date of the registration decision, intended to allow apprentices sufficient time to apply and integrate the knowledge and skills acquired into practice.
From July 1, 2025, the apprenticeship period for notarial practice is uniformly set at 12 months? (Image from the Internet)
Under what circumstances will an a notary be temporarily suspended from practice?
Based on Article 15 of the Notarial Law 2024, which stipulates temporary suspension from notarial practice:
Article 15. Temporary Suspension from Notarial Practice
- A notary may be temporarily suspended from practice in the following cases:
a) Being prosecuted for criminal liability;
b) Being subject to administrative disciplinary measures as stipulated in Clause 3 Article 14 of this Law.
Within 05 working days from receiving a decision on prosecution for criminal liability or a decision on administrative disciplinary measures against a notary, the Department of Justice that issued the notary card shall issue a decision on temporary suspension from notarial practice.
- The maximum duration of temporary suspension from notarial practice is 12 months.
[...]
As stipulated above, a notary may be temporarily suspended from practice in the following circumstances:
- Being prosecuted for criminal liability
- Being subject to administrative disciplinary measures
What are the obligations of a notary?
Pursuant to Clause 2 Article 18 of the Notarial Law 2024, the obligations of a notary are as follows:
- Comply with the principles of notarial practice
- Respect and protect the legal rights and interests of the requester for notarization
- Practice at one notarial organization; ensure working hours according to the organization's working time
- Guide the requester for notarization to comply with the provisions on notarization procedures and related laws; explain clearly to the requester their legal rights, obligations, and the legal implications of notarization
- Refuse notarization in cases of illegal transactions, contrary to social ethics, and other cases as prescribed by this Law; explain clearly the reasons for refusal
- Maintain confidentiality of notarial content unless the requester agrees in writing or as otherwise required by law
- Participate in annual notarial professional training
- Join the local Notary Association where they intend to practice and maintain membership throughout their practice period in that locality
- Be responsible before the law and before the requester for the notarial documents they issue
- Be liable before the law for the activities of the Notary Office where they are a general partner or the owner of a private enterprise
- Other obligations as stipulated