What are cases of relief from duty of notaries in Vietnam in 2024?

What are cases of relief from duty of notaries in Vietnam in 2024?

Pursuant to Article 15 of the Law on Notarization in 2014 stipulating relief from duty of notaries in Vietnam:

Relief from duty of notaries

1. A notary may be relieved from duty at his/her own will or transferred to another job.

The notary shall submit a written request for relief from duty to the provincial-level Justice Department with which he/she has registered his/her professional practice. Within 15 days after receiving the written request, the provincial-level Justice Department shall send a written proposal enclosed with the notary’s written request to the Minister of Justice.

2. A notary shall be relieved from duty in the following cases:

a/ He/she no longer satisfies the criteria for notaries prescribed in Article 8 of this Law;

b/ He/she has his/her civil act capacity lost or restricted;

c/ He/she concurrently performs another regular job;

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As regulations above, a notary may be relieved from his or her duty in following cases:

- A notary is relieved from duty at his/her own will;

- A notary is transferred to another job;

- A notary no longer satisfies the criteria for notaries;

- A notary has his/her civil act capacity lost or restricted;

- A notary concurrently performs another regular job;

- A notary 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;

- The 12-month duration of suspension from notarial practice has expired but the reason for the suspension still exists;

- A notary has been sanctioned twice for administrative violations in notarial practice but still continue committing violations;

- A notary 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;

- A notary is convicted under a court’s legally effective sentence;

- A notary is ineligible for appointment as a notary.

What are cases of relief from duty of notaries in Vietnam in 2024? - image from internet

What are cases of suspension from notarial practice in Vietnam?

Pursuant to Article 14 of the Law on Notarization in 2014 stipulating suspension from notarial practice in Vietnam:

Suspension from notarial practice

1. The provincial-level Justice Department with which a notary has registered his/her professional practice shall decide to suspend the notary from professional practice in the following cases:

a/ The notary is being examined for penal liability;

b/ The notary is being subjected to an administrative handling measure.

2. The maximum duration of suspension from notarial practice is 12 months.

3. The provincial-level Justice Department shall decide to cancel the decision on suspension from notarial practice ahead of time in the following cases:

a/ A decision on termination of investigation or the case is issued, or a legally effective verdict of not guilty is issued by a court;

b/ The notary is no longer subjected to the administrative handling measure in accordance with the law on handling of administrative violations.

4. The decision on suspension from notarial practice and decision on cancellation of the decision on suspension from notarial practice shall be sent to the notary, the notarial practice organization where the notary works, the People’s Committee of the province or centrally run city (below referred to as provincial-level People’s Committee) and the Ministry of Justice.

As regulations above, cases of suspension from notarial practice in Vietnam are as follows:

- The notary is being examined for penal liability;

- The notary is being subjected to an administrative handling measure.

What are rights and obligations of notaries in Vietnam?

Pursuant to Article 17 of the Law on Notarization in 2014 stipulating rights and obligations of notaries in Vietnam:

[1] Notaries have the following rights:

- To have their right to notarial practice protected by law;

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

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

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

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

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

[2] Notaries have the following obligations:

- 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!