How many years of experience are required to become the head of a notary office in Vietnam?
How many years of experience are required to become the head of a notary office in Vietnam? - Mr. Quan (HCMC)
How many years of experience are required to become the head of a notary office in Vietnam?
Pursuant to Article 22 of the Law on Notarization in 2014 (amended by Clause 9 Article 73 of the Law on Prices in 2023) stipulating notary offices as follows:
Notary offices
1. Notary offices shall be organized and operate in accordance with this Law and other relevant legal documents concerning partnerships.
A notary office must have at least 2 notaries being its partners. Notary offices have no capital contributors.
2. The at-law representative of a notary office shall act as its head. The head of a notary office must be a notary who is its partner and has practiced notarization for at least 2 years.
3. The name of a notary office must contain the words “notary office” followed by the full name of its head or another notary being its partner as agreed by all notaries who are partners, and must not be identical to or cause confusion with those of other notarial practice organizations and violate national historical and cultural traditions, ethics and fine customs.
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As regulations above, the head of a notary office must be a notary who has practiced notarization for at least 2 years.
How many years of experience are required to become the head of a notary office in Vietnam? - image from internet
What are conditions for a notary who receives a notary office in Vietnam?
Pursuant to Article 29 of the Law on Notarization in 2014 stipulating transfer of notary offices as follows:
Transfer of notary offices
1. A notary office may be transferred to other notaries who fully meet the conditions prescribed in Clause 2 of this Article. A notary office may be transferred only after it has conducted notarial activities for at least 2 years.
Notaries who have transferred their notary offices may not participate in the establishment of new notary offices within 5 years from the date of transfer.
2. A notary who receives a notary office must meet the following conditions:
a/ Having practiced notarization for at least 2 years, for persons expected to take over the position of head of the notary office;
b/ Undertaking to practice at the notary office transferred to him/her;
c/ Undertaking to inherit the rights and obligations of the transferred notary office.
3. Provincial-level People’s Committees shall consider and decide to permit the transfer of notary offices.
4. The Government shall stipulate in detail the order and procedures for transfer of notary offices.
As regulations above, a notary who receives a notary office must meet the following conditions:
- Having practiced notarization for at least 2 years, for persons expected to take over the position of head of the notary office;
- Undertaking to practice at the notary office transferred to him/her;
- Undertaking to inherit the rights and obligations of the transferred notary office.
What are conditions for the at-law representative of a notary office in Vietnam?
Pursuant to Clause 2 Article 22 of the Law on Notarization in 2014 stipulating notary offices as follows:
Notary offices
1. Notary offices shall be organized and operate in accordance with this Law and other relevant legal documents concerning partnerships.
A notary office must have at least 2 notaries being its partners. Notary offices have no capital contributors.
2. The at-law representative of a notary office shall act as its head. The head of a notary office must be a notary who is its partner and has practiced notarization for at least 2 years.
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Pursuant to Article 8 of the Law on Notarization in 2014 stipulating criteria for notaries as follows:
Criteria for notaries
A Vietnamese citizen who permanently resides in Vietnam, observes the Constitution and law, has good ethical qualities, and fully satisfies the following criteria shall be considered for appointment as a notary:
1. Having a bachelor of law degree.
2. Having performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree.
3. Having graduated from a notary training course as prescribed in Article 9 of this Law or completed a notary re-training course as prescribed in Clause 2, Article 10 of this Law.
4. Meeting requirements on notarial practice probation results.
5. Being physically fit for notarial practice.
As regulations above, conditions for the at-law representative of a notary office in Vietnam are:
- The at-law representative of a notary office shall act as its head.
- The head of a notary office must be a notary who is its partner and has practiced notarization for at least 2 years.
Note: A notary must satisfy following criteria:
- Having a bachelor of law degree.
- Having performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree.
- Having graduated from a notary training course or completed a notary re-training course.
- Meeting requirements on notarial practice probation results.
- Being physically fit for notarial practice.
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