Who are responsibile for notary training in Vietnam? What is the duration of notarial practice probation in Vietnam?

Who are responsibile for notary training in Vietnam?

Pursuant to Clause 1 Article 10 of the Law on Notarization in 2014 stipulating exemption from notary training:

Exemption from notary training

1. Notary training shall be exempted for the following persons:

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

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

c/ Law professors and associate professors; doctors of law;

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

2. Persons exempted from notary training under Clause 1 of this Article 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.

Those who have completed a notary re-training course shall be granted certificates of completion of the notary re-training course.

3. The Minister of Justice shall stipulate in detail notary re-training courses prescribed in Clause 2 of this Article.

As regulated above, 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.

Who are responsibile for notary training in Vietnam? What is the duration of notarial practice probation in Vietnam? - image from internet

What is the duration of notarial practice probation in Vietnam?

Pursuant to Clause 1 Article 11 of the Law on Notarization in 2014 stipulating notarial practice probation:

Notarial practice probation

1. Those who have been granted certificates of graduation from notary training courses or certificates of completion of notary re-training courses shall undergo a probationary period at a notarial practice organization. A probationer may directly contact a notarial practice organization qualified to admit probationers so as to join such organization on probation; if he/she cannot directly contact any notarial practice organization, he/she may request the provincial-level Justice Department of the locality where he/she wishes to undergo a probationary period to arrange his/her probation at a notarial practice organization qualified to admit probationers.

Probationers shall register their probation at the provincial-level Justice Departments of the localities where the notarial practice organizations which they join on probation are located.

The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course or 6 months for persons possessing a certificate of completion of a notary re-training course. The period of notarial practice probation shall be counted from the date of probation registration.

2. Notarial practice organizations admitting probationers must have notaries satisfying the conditions on probationer tutoring prescribed in Clause 3 of this Article and have physical foundations to ensure the probation.

3. Notarial practice organizations admitting probationers shall assign notaries to tutor probationers.

Notaries acting as tutors must have at least two years’ experience in notarial practice. A notary who is disciplined or administratively sanctioned for violations in notarial practice may not act as a tutor within 12 months after the date of completing the serving of the disciplining decision or administrative sanctioning decision. A notary may not concurrently tutor more than 2 probationers.

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As regulated above, the duration of notarial practice probation in Vietnam is as follows:

- The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course;

- The period of notarial practice probation is 6 months for persons possessing a certificate of completion of a notary re-training course.

How many years of experience do notaries need in order to be eligible to tutor probationers in Vietnam?

Pursuant to Clause 3 Article 11 of the Law on Notarization in 2014:

Notarial practice probation

1. Those who have been granted certificates of graduation from notary training courses or certificates of completion of notary re-training courses shall undergo a probationary period at a notarial practice organization. A probationer may directly contact a notarial practice organization qualified to admit probationers so as to join such organization on probation; if he/she cannot directly contact any notarial practice organization, he/she may request the provincial-level Justice Department of the locality where he/she wishes to undergo a probationary period to arrange his/her probation at a notarial practice organization qualified to admit probationers.

Probationers shall register their probation at the provincial-level Justice Departments of the localities where the notarial practice organizations which they join on probation are located.

The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course or 6 months for persons possessing a certificate of completion of a notary re-training course. The period of notarial practice probation shall be counted from the date of probation registration.

2. Notarial practice organizations admitting probationers must have notaries satisfying the conditions on probationer tutoring prescribed in Clause 3 of this Article and have physical foundations to ensure the probation.

3. Notarial practice organizations admitting probationers shall assign notaries to tutor probationers.

Notaries acting as tutors must have at least two years’ experience in notarial practice. A notary who is disciplined or administratively sanctioned for violations in notarial practice may not act as a tutor within 12 months after the date of completing the serving of the disciplining decision or administrative sanctioning decision. A notary may not concurrently tutor more than 2 probationers.

Notaries acting as tutors shall guide and take responsibility for jobs performed by probationers under Clause 4 of this Article.

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As regulated above, notaries acting as tutors must have at least two years’ experience in notarial practice.

A notary who is disciplined or administratively sanctioned for violations in notarial practice may not act as a tutor within 12 months after the date of completing the serving of the disciplining decision or administrative sanctioning decision.

Best regards!