The Ministry of Justice proposed the standards for the position of notaries in Vietnam

The Ministry of Justice proposed the standards for the position of notaries in Vietnam

In the draft Decree regulating codes and standards for the professional titles of notaries, auctioneers, support personnel, and legal support in the fields of notarization, asset auction, and legal assistance, the following standards for the position of notary are proposed:

(1) Professional ethics standards:

- Adhere to the ethical standards set for officials in the Ministry of Justice.

- Comply with the ethical regulations and rules in the notarial profession.

(2) Education and training requirements:

- Hold a Bachelor of Law degree.

- Graduate from a notarization training course or complete a notarization development course.

- Obtain a certificate of apprenticeship in the notariial profession.

(3) Professional competence standards:

- Demonstrate the ability to apply the Party's guidelines, policies, and laws of the state in the field of notarization.

- Possess the necessary guidance skills, professional knowledge, and practical skills to carry out notarial duties.

- Exhibit research, synthesis, analysis, persuasion, organizational, and problem-solving skills in the field of notarization.

- Demonstrate the ability to coordinate with relevant agencies and organizations when performing notarial duties.

The Ministry of Justice proposed the standards for the position of notaries in Vietnam - image from internet

Who are eligible for exemption from notary training in Vietnam?

Pursuant to Article 10 of the Law on Notarization in 2014, notary training shall be exempted for the following persons:

- Those who have worked as judges, prosecutors or investigators for at least 5 years;

- Lawyers who have been engaged in legal practice for at least 5 years;

- Law professors and associate professors; doctors of law;

- Senior verifiers of courts, senior examiners of procuracies; senior experts, senior researchers and senior lecturers in the legal sector.

However, persons exempted from notary training under Clause 1 of the Law on Notarization in 2014 shall attend a re-training course on notarial practice skills and rules on notary practice ethics at a notary training institution before they are proposed for appointment as notaries. A notary re-training course must last for 3 months.

Who are not eligible for appointment as notaries in Vietnam?

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

- 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; officials 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 cases in which a notary in Vietnam shall be relieved from duty?

Pursuant to Clause 2 Article 15 of the Law on Notarization in 2014, a notary shall be relieved from duty in the following cases:

(1) He/she no longer satisfies the criteria for notaries as prescribed by Law;

(2) He/she has his/her civil act capacity lost or restricted;

(3) He/she concurrently performs another regular job;

(4) He/she fails to conduct notarial practice within 2 years after being appointed as a notary or fails to conduct notarial practice for 12 consecutive months or more;

(5) The duration of suspension from notarial practice prescribed in Clause 2, Article 14 of this Law has expired but the reason for the suspension still exists;

(6) He/she has been sanctioned twice for administrative violations in notarial practice but still continue committing violations; he/she has been disciplined in the form of reprimand or in a heavier form twice but still continue committing violations, or has been disciplined in the form of dismissal;

(7) He/she is convicted under a court’s legally effective sentence;

(8) He/she is ineligible for appointment as a notary in the cases prescribed by Law at the time of being appointed.

Best regards!