Will a notary office having only one notary have its establishment permission decision revoked in Vietnam?
Will a notary office having only one notary have its establishment permission decision revoked in Vietnam? Can a Vietnamese residing abroad be appointed as a notary? If a person has their legal practice certificates revoked, can he be appointed as a notary in Vietnam?
Will a notary office having only one notary have its establishment permission decision revoked in Vietnam?
My office currently has only one notary. Because the other notary died from an accident, it has been more than 6 months so far. Will my office be terminated?
Reply:
Pursuant to Clause 1, Article 30 of the Law on Notary 2014 stipulates a notary office may have its establishment permission decision revoked in the following cases:
a/ The notary office fails to register its operation as prescribed in Article 23 of this Law;
b/ Past the 6-month period from the date of receiving the written operation registration, the notary office still fails to commence its operation;
c/ The notary office fails to operate continuously for 3 months or more, except cases in which all notaries being its partners are suspended from notarial practice;
d/ The notary office has only one notary being its partner and no new partner added within 6 months from the date when the number of notaries being its partners becomes insufficient;
dd/ All notaries being partners of the notary office are relieved from duty, die or are declared by a court to be dead;
e/ The notary office no longer satisfies the operation conditions prescribed in this Law and other relevant legal documents.
Thus, in your above case, the time for the addition of the notary has passed, but the notary has not yet been added, so the establishment permission decision will be revoked in Vietnam.
According to the provisions of Clause 1, Article 31 of the Law on Notary 2014, termination of operation of notary offices is as follows:
1. A notary office shall terminate its operation in the following cases:
a/ The notary office terminates its operation at its own will;
b/ The notary office has its establishment decision revoked under Article 30 of this Law;
c/ The notary office is consolidated or merged.
According to this Article, because of the withdrawal of the establishment permission decision, the Notary Office will be terminated in Vietnam.
Can a Vietnamese residing abroad be appointed as a notary?
I am Vietnamese but permanently residing abroad, now I want to be appointed as a notary, can I and what conditions do I need to meet? Please advise.
Reply:
Can a Vietnamese residing abroad be appointed as a notary?
Pursuant to Article 8 of the Law on Notary 2014, a Vietnamese citizen who permanently resides in Vietnam, observes the Constitution and law, has good ethical qualities, and fully satisfies the following criteria shall be considered for appointment as a notary:
1. Having a bachelor of law degree.
2. Having performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree.
3. Having graduated from a notary training course as prescribed in Article 9 of this Law or completed a notary re-training course as prescribed in Clause 2, Article 10 of this Law.
4. Meeting requirements on notarial practice probation results.
5. Being physically fit for notarial practice.
Thus, according to the above regulations in Vietnam, to be appointed as a notary, you must be a Vietnamese resident in Vietnam. In addition, you also need to meet other conditions as prescribed above and not fall into the cases of not being appointed a notary.
Cases in which a notary is not appointed
Pursuant to Article 13 of the Law on Notary 2014, 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.
According to this Article, if you fall into the above cases in Vietnam, you will not be appointed a notary.
If a person has their legal practice certificates revoked, can he be appointed as a notary in Vietnam?
My name is Quy, 25 years old. I just finished university and want to study law. However, I have a question whether a person with a legal practice certificate who is temporarily deprived of the right to practice and changes to a notary practice, can be appointed as a notary? I hope to have an answer.
Reply:
Pursuant to Article 13 of the Law on Notary 2014 stipulates 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.
Thus, according to current regulations in Vietnam, comparing with the case you mentioned, the person who is deprived of the right to use a legal practice certificate within 03 years from the effective date of the decision on revocation of the legal practice certificate or from the date of completing the execution of the decision on deprivation of the right to use the legal practice certificate will not be able to be appointed as a notary.
Best regards!
