Who has authority to appoint Heads of notary bureaus in Vietnam?

Who has authority to appoint Heads of notary bureaus in Vietnam?

May I ask, who has authority to appoint Heads of notary bureaus? Based on what document?

Reply:

Pursuant to Clause 2, Article 19 of the Notary Law 2014, regulations on notary bureaus are as follows:

2. Notary bureaus are public non-business units attached to provincial-level Justice Departments, and have their own offices, seals and accounts.

The at-law representative of a notary bureau is the head of such notary bureau. Heads of notary bureaus must be notaries and shall be appointed, relieved from duty and dismissed by chairpersons of provincial-level People’s Committees.

Thus, according to the above regulations in Vietnam, the Head of the Notary bureaus must be appointed by the chairpersons of provincial-level People’s Committees.

Who has authority to appoint Heads of notary bureaus in Vietnam? (Image from the Internet)

Is it necessary to undergo notary training to appoint a notary in Vietnam?

Let me ask, according to current law, a Vietnamese individual must undergo a notary training class to be appointed a notary, right? Hope to receive feedback from you soon.

Reply:

In Article 10 of the Notary Law 2014, it is stipulated:

Article 10. 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.

Thus, according to the above regulations in Vietnam, the above individuals can still be appointed notaries without having to participate in notary training. But to be appointed, you must participate in a course on notarial practice skills and rule on notary practice ethics at a notary training facility before requesting appointment as a notary. Training period is 3 months.

Can a person who has been prosecuted for criminal liability be appointed as a notary in Vietnam?

Regarding the appointment of notaries, I wonder if people who have been prosecuted for criminal liability can be appointed notaries? Look forward to receiving your feedback.

Reply:

In Article 13 of the Notary Law 2014, it is stipulated:

Article 13. Persons ineligible for appointment as notaries

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.

Based on the above regulations in Vietnam, those who are being prosecuted for criminal liability, have been convicted but have not had their criminal records erased due to inadvertence; have been convicted of an intentional crime; Only a person who is being examined for penal liability or has been convicted under a court’s legally effective sentence of an unintentional crime but has not yet had their criminal records written off, or of an intentional crime and meets the conditions and standards, they can still be appointed a notary according to regulations.

Best regards!