Is it compulsory for notaries in Vietnam to join socio-professional organizations of notaries?

Is it compulsory for notaries in Vietnam to join socio-professional organizations of notaries?

I am doing the application for registration of notarial practice in Ho Chi Minh City. However, during the application process, I was required to join the Socio-professional organizations of notaries before proceeding with the practice registration. Is it compulsory for notaries in Vietnam to join socio-professional organizations of notaries? Thank you!

Answer:

Pursuant to Clause 1 Article 39 of the Law on Notarization in 2014 stipulating as follows: Socio-professional organization of notaries means a self-managed organization established at the central or provincial level to represent and protect lawful rights and interests of notaries; issue rules on notarial practice ethics; supervise compliance with the notarization law and the rules on notarial practice ethics; join state agencies in organizing notarial practice training, re-training and probation; consult competent agencies on the appointment and relief from duty of notaries, the establishment, consolidation, merger, transfer or operation termination of notarial practice organizations; and perform other tasks related to notarial activities under the Government’s regulations.

Pursuant to Clause 3 Article 23 of the Decree 29/2015/NĐ-CP stipulating as follows:

- Members of a notary association are notaries practicing in the province. Every notary must join the notary association before registering for practice if one is available in the province.

- Rights and obligations of members of notary associations are specified by the Charter of National socio-professional organization of notaries.

Thus, before registering to practice notarization, the notary must join the Socio-professional organizations of notaries. Joining the Socio-professional organizations of notaries is to help notaries protect their legitimate rights and interests.

Is it permissible for lawyers, whose law practicing certificate have been revoked, to be appointed as notaries in Vietnam?

I have a question. Can a lawyer, whose law practicing certificate has been revoked due to disciplinary action in the form of removing his name from the list of lawyers of the Bar Association, become a notary in Vietnam? Thank you!

Answer:

Pursuant to Article 13 of the Law on Notarization in 2014 stipulating persons ineligible for appointment as notaries as follows:

- 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.

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

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

- 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.

- 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.

As regulations above, those, who have their legal practice certificates revoked after they are disciplined in the form of disbarment within 3 years from the effective date of the decision on revocation of legal practice certificates, shall not be eligible to be appointed as notaries in Vietnam.

After 3 years from the effective date of the decision on revocation of legal practice certificates, they will be eligible to be appointed as notaries in Vietnam.

How many probationers can a notary in Vietnam tutor at the same time?

According to current regulations, how many probationers can a notary in Vietnam tutor at the same time?

Answer:

Pursuant to Article 11 of the Law on Notarization in 2014 stipulating as follows:

- Those who have been granted certificates of graduation from notary training courses or certificates of completion of notary re-training courses shall undergo a probationary period at a notarial practice organization. A probationer may directly contact a notarial practice organization qualified to admit probationers so as to join such organization on probation; if he/she cannot directly contact any notarial practice organization, he/she may request the provincial-level Justice Department of the locality where he/she wishes to undergo a probationary period to arrange his/her probation at a notarial practice organization qualified to admit probationers.

Probationers shall register their probation at the provincial-level Justice Departments of the localities where the notarial practice organizations which they join on probation are located.

The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course or 6 months for persons possessing a certificate of completion of a notary re-training course. The period of notarial practice probation shall be counted from the date of probation registration.

- Notarial practice organizations admitting probationers must have notaries satisfying the conditions on probationer tutoring prescribed in Clause 3 of this Article and have physical foundations to ensure the probation.

- Notarial practice organizations admitting probationers shall assign notaries to tutor probationers.

Notaries acting as tutors must have at least two years’ experience in notarial practice. A notary who is disciplined or administratively sanctioned for violations in notarial practice may not act as a tutor within 12 months after the date of completing the serving of the disciplining decision or administrative sanctioning decision. A notary may not concurrently tutor more than 2 probationers.

Notaries acting as tutors shall guide and take responsibility for jobs performed by probationers under Clause 4 of this Article.

As regulations above, a notary may not concurrently tutor more than 2 probationers.

Best regards!