Is the Ministry of Justice considering age limits for Notaries in Vietnam?

Is the Ministry of Justice considering age limits for Notaries in Vietnam?

On February 9, 2024, the Government issued Resolution 22/NQ-CP 2024 on the Lawmaking Session in January 2024.

According to Section 3 of Resolution 22/NQ-CP 2024, the Government requires the Ministry of Justice to perform the following tasks:

- Review the content of the draft Law, ensure the feasibility of the draft Law, regulations in the draft Law on specific issues have been implemented stably and in accordance with practice;

- Review regulations on standards for appointment of Notaries; ensure reasonableness and improve the quality of notaries.

- The Ministry of Justice studies and receives opinions from the Ministry of Public Security on the issue of age limits for Notaries, ensuring feasibility, conformity with international practice and practices, and has an impact assessment report in accordance with the provisions of the Law on Promulgation of Legal Documents on this content.

- Review the process of appointing and dismissing Notaries in the draft Law, ensuring compliance with the Party and Government's policy of strengthening decentralization and decentralization of powers and reforming administrative procedures; ....

Is the Ministry of Justice considering age limits for Notaries in Vietnam? (Image from the Internet)

Who are ineligible for appointment as notaries in Vietnam?

In Article 13 of the Notary Law 2014, persons ineligible for appointment as notaries include:

- 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.

What are regulations on obligations of notaries in Vietnam?

In Clause 2, Article 17 of the Notary Law 2014, obligations of notaries are stipulated as follows:

- To abide by the principles of notarial practice;

- To practice at a notarial practice organization;

- To respect and protect lawful rights and interests of notarization requesters;

- 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;

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

- To attend notary re-training courses every year;

- 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;

- To join socio-professional organizations of notaries;

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

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

Best regards!