What are criteria for notaries in 2024 in Vietnam? What are the fines imposed on a notary public for certifying an inaccurate translation of the content of a document that needs to be translated?

What are criteria for notaries in 2024 in Vietnam?

Pursuant to Article 8 of the Law on Notarization in 2014 stipulating criteria for notaries as follows:

- A Vietnamese citizen who permanently resides in Vietnam, observes the Constitution and law, has good ethical qualities;

- A person who has a bachelor of law degree;

- A person who has performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree;

- A person who has graduated from a notary training course or completed a notary re-training course;

- A person who meets requirements on notarial practice probation results;

- A person who is physically fit for notarial practice.

What are criteria for notaries in 2024 in Vietnam? What are the fines imposed on a notary public for certifying an inaccurate translation of the content of a document that needs to be translated? - Image from Internet

What are the fines imposed on a notary in Vietnam for notarizing an inaccurate translation of the content of a document that needs to be translated?

According to Article 14 of Decree 82/2020/ND-CP, the regulations regarding the notary's violation of notarizing inaccurate translations of the content of documents are as follows:

The notary's violation of notarizing inaccurate translations of the content of documents

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3. A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed for one of the following acts:

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dd) Notarizing a translation without the original document;

e) Notarizing an inaccurate translation of the content of the documents.

4. Additional disciplinary measures:

a) Suspending the use of the notary practicing card for a period of 01 to 03 months for violations specified in points b and d of this Clause 3;

b) Suspending the use of the notary practicing card for a period of 03 to 06 months for violations specified in points a, c, d, and e of this Clause 3.

5. Remedial measures:

a) Compulsory restitution of any illegal gains obtained from the violation specified in this Clause 3;

b) Requiring the notary public organization that keeps the notarized documents to publish a notice on the electronic information portal of the Department of Justice, where their headquarters is located, regarding the certified translations specified in points c, d, and e of this Clause 3.

According to Clause 4, Article 4 of Decree 82/2020/ND-CP, the fine amounts are regulated as follows:

Regulations on fine amounts and the authority to impose fines on individuals and organizations

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4. The fine amounts specified in Chapters II, III, IV, V, VI, and VII of this Decree shall be applied to administrative violations committed by individuals, except for the provisions in Clause 5 of this Article. In cases where organizations commit administrative violations similar to those committed by individuals, the fine amount shall be double the fine imposed on individuals.

Therefore, a notary who notarizes an inaccurate translation of the content of documents can be fined from 10,000,000 VND to 15,000,000 VND.

Additionally, the notary will have their notary particing card suspended for a period of 03 to 06 months and the notarial organization that keeps the notarized documents will be required to publish a notice on the electronic information portal of the Department of Justice regarding the notarized translations.

What are 05 cases in which a person is ineligible for appointment as notaries in Vietnam?

Pursuant to Article 13 of the Law on Notarization in 2014 stipulating 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.

Best regards!