If my lawyer practicing certificate is revoked, can I work as a notary in Vietnam?

If my lawyer practicing certificate is revoked, can I work as a notary in Vietnam?

According to Clause 1, Article 18 of the Law on Lawyers 2006 as amended by Clause 9, Article 1 of the Law on Lawyers Amended 2012 stipulates that the lawyer practicing certificate shall be revoked in one of the following cases:

a) No longer being qualified as a lawyer as prescribed in Article 10 of this law;

b) Being recruited or appointed as an officer, official, professional soldier or commissioned officer, national defense worker in an agency belonging to the army; a commissioned or non-commissioned officer, a worker in an agency belonging to the Police;

c) No longer residing permanently in Vietnam;

d) Not joining a Bar association within 2 years as from the date of issue of the lawyer practicing certificate;

dd) Not establishing, participating in the establishment, or working under a labor contract for a law-practicing organization, or working as an independent lawyer within 03 years as from the day of joining the Bar association;

e) Voluntarily stopping practicing as a lawyer;

g) Being eliminated from the list of lawyers of a bar association;

dd) Having the lawyer practicing certificate temporarily revoked, being taken into detoxification centers or educational institutions;

i) Being convicted and the sentence has taken effect;

k) Being incapable of civil acts;

Article 13 of the Law on Notary 2014 provides for persons ineligible for appointment as notaries as follows:

1. Those who are being examined for penal liability or have been convicted under a court’s legally effective sentence of an unintentional crime but have not yet had their criminal records written off, or of an intentional crime.

2. Those who are being subjected to administrative handling measures in accordance with the law on handling of administrative violations.

3. Those who have their civil act capacity lost or restricted.

4. Cadres who have been disciplined in the form of removal from office; civil servants or public employees who have been disciplined in the form of dismissal; officers, professional army men, workers and public employees of agencies and units under the People’s Army, and officers, non-commissioned officers, workers and employees of units under the People’s Public Security Force who have been disciplined in the form of deprival of the title of army man or people’s policeman or have been expelled from the service.

5. Those who have their legal practice certificates revoked after they are disciplined in the form of disbarment; those who have been deprived of the right to use their legal practice certificates and the 3-year period, counting from the effective date of the decision on revocation of legal practice certificates or the date of completing the serving of the decision on deprival of the right to use legal practice certificates, has not yet expired.

Thus, having the lawyer practicing certificate revoked will have many cases. However, in case the lawyer practicing certificate is revoked due to disciplinary action in the form of removal from the list of the Bar Association, you will not be appointed as a notary. In other cases of withdrawal, they can still act as a notary. 

In your case, you are a lawyer whose lawyer practicing certificate has been revoked due to disciplinary action by removing your name from the list of the Bar Association, so you will not be appointed as a notary according to regulations in Vietnam. 

What is criteria for notaries in Vietnam?

Article 8 of the Law on Notary 2014 stipulates criteria for notaries as follows:

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.

According to this Article, to become a notary you must meet the above conditions. However, in case you are having your lawyer practicing certificate revoked, you will not be appointed as a notary.

What are rights and obligations of notaries in Vietnam?

Article 17 of the Law on Notary 2014 stipulates rights and obligations of notaries as follows:

1. Notaries have the following rights:

a/ To have their right to notarial practice protected by law;

b/ To participate in the establishment of notary offices or work under contracts for notarial practice organizations;

c/ To notarize contracts, transactions and translations in accordance with this Law;

d/ To request related individuals, agencies and organizations to provide information and documents serving the notarization;

dd/ To refuse to notarize contracts, transactions and translations which violate law or are contrary to social ethics;

e/ To have other rights as prescribed in this Law and other relevant laws.

2. Notaries have the following obligations:

a/ To abide by the principles of notarial practice;

b/ To practice at a notarial practice organization;

c/ To respect and protect lawful rights and interests of notarization requesters;

d/ To explain to notarization requesters their lawful rights, obligations and interests, and legal significance and consequences of notarization; if refusing notarization requests, to clearly state the reasons to notarization requesters;

dd/ To keep secret contents of notarized documents, unless otherwise agreed in writing by notarization requesters or provided by law;

e/ To attend notary re-training courses every year;

g/ To take responsibility before law and notarization requesters for documents they have notarized; to take responsibility before law for operations of notary offices of which they are partners;

h/ To join socio-professional organizations of notaries;

i/ To be managed by competent state agencies, notarial practice organizations where they work and the notaries’ socio-professional organization of which they are members;

k/ To have other obligations as prescribed by this Law and other relevant legal documents.

The above are provisions of the law on rights and obligations of notaries in Vietnam.

Best Regards!