What are the fines imposed on a notarial practice organization in Vietnam that is qualified to accept trainees but refuses without a legitimate reason?

What are principles of establishment of notarial practice organizations in Vietnam?

Purusuant to Article 18 of the Law on Notarization in 2014 (amended by Clause 1 Article 2 of the Law on amendments to some Articles concerning planning in 2018) stipulating principles of establishment of notarial practice organizations as follows:

Principles of establishment of notarial practice organizations

1. A notary's office shall be established as prescribed by this Law.

2. Notary bureaus may be established only in geographical areas where conditions for development of notary offices are not available.

3. Notary offices established in geographical areas with difficult or extremely difficult socio-economic conditions are entitled to preferential policies prescribed by the Government.

As regulations above, principles of establishment of notarial practice organizations

- A notary's office shall be established as prescribed by this Law.

- Notary bureaus may be established only in geographical areas where conditions for development of notary offices are not available.

- Notary offices established in geographical areas with difficult or extremely difficult socio-economic conditions are entitled to preferential policies prescribed by the Government.

What are the fines imposed on a notarial practice organization in Vietnam that is qualified to accept trainees but refuses without a legitimate reason? - Source: Internet

What are the fines imposed on a notarial practice organization in Vietnam that is qualified to accept trainees but refuses without a legitimate reason?

Pursuant to Clause 1 Article 16 of the Decree 82/2020/NĐ-CP, the following penalties shall be imposed for violations of regulations on the operation of a notary practice:

Violations of regulations on the operation of a notary practice

1. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed for one of the following acts:

a) Failure to display or incomplete display of the following at the office of the notary practice: business hours; notary procedures; rules for receiving clients; notary fees, remuneration, and other costs; list of translation collaborators.

b) Failure to publish the content of the registration of operation in the press within the prescribed period, or incomplete publication, or publication in the wrong number of times.

c) Failure to comply with or incomplete reporting; reporting that is not accurate about the situation of organization and operation of the notary practice.

d) Establishment, management, and use of books in notarial activities or use of forms that do not comply with regulations.

dd) Storage of notarial records that does not comply with regulations.

e) Use of a signboard that does not comply with the model or content of the signboard that does not comply with the registration certificate.

g) Assignment of notary practitioners to guide trainees that does not comply with regulations.

h) Refusal to accept a trainee notary practitioner designated by the Department of Justice without a legitimate reason.

i) Refusal to accept the custody of a will without a legitimate reason.

k) Failure to maintain the fulfillment of the conditions for the office of the notary practice as prescribed.

l) Failure to affix the seal of the notary practice to a notarized document that has the signature of the notary practitioner, or failure to affix the seal between the pages for a notarized document with two or more pages.

m) Failure to purchase continuous professional liability insurance for notary practitioners of the organization.

n) Failure to create conditions for notary practitioners of the organization to participate in annual notarial professional training.

...

Therefore, a private notary practice that refuses to accept a trainee notary practitioner designated by the Department of Justice without a legitimate reason shall be fined from VND 3,000,000 to VND 7,000,000.

Note: The above penalty applies to organizations. (As stipulated in Clause 5, Article 4 of Decree 82/2020/NĐ-CP)

What are the rights and obligations of a notarial practice organization that accepts trainees in Vietnam?

Based on Article 15 of Circular 08/2023/TT-BTP, the rights and obligations of a notarial practice organization that accepts trainees are as follows:

- Assign a qualified notary practitioner to guide the trainee and be responsible for the assignment.

- Regularly monitor and promptly handle cases where the notary practitioner is no longer qualified to guide the trainee or the trainee is no longer qualified to practice.

- Establish, manage, and use the Record of Practice of Notary Practice of the notary practice for each year.

- The Record of Practice must be dated, closed, and sealed with a rubber stamp in accordance with the law.

- Consider and decide on the matter of a notary practitioner refusing to guide the trainee, and the matter of changing the notary practitioner guiding the trainee.

- Manage the trainee during the practice period at the organization.

- Monitor and supervise the performance of the responsibilities of the notary practitioner guiding the trainee.

- Ensure the implementation of the rights and obligations of the trainee.

- Report in writing to the Department of Justice on the acceptance and guidance of trainees at the organization on a regular annual basis.

- Other rights and obligations in accordance with the agreement with the trainee, as prescribed.

Best regards!