Cases of dismissal of notaries in Vietnam from July 1, 2025

Cases of dismissal of notaries in Vietnam from July 1, 2025
Tran Thanh Rin

On November 26, 2024, the National Assembly of Vietnam passed the Notarization Law 2024, which includes provisions on the dismissal of notaries effective from July 1, 2025.

Cases    of    Notary    Publics'    Dismissal    from    July    1,    2025

Cases of dismissal of notaries in Vietnam from July 1, 2025​ (Image from the Internet)

Cases of dismissal of notaries in Vietnam from July 1, 2025

A notary is dismissed at their personal request or when transferred to another job according to a decision by a competent authority.

Notably, a notary is automatically dismissed when they exceed the age of 70.

Additionally, a notary will be dismissed in the following cases:

- No longer meeting the standards as prescribed in Article 10 of the Notary Law 2024, except in cases of automatic dismissal as prescribed.

According to Article 10 of the Notary Law 2024, individuals meeting the following criteria will be considered for appointment as a notary:


- A Vietnamese citizen not over 70 years old;


- Permanently residing in Vietnam, observing the Constitution and laws, possessing good ethical qualities, and ensuring good health for notarial practice;


- Holding a bachelor's degree in law, master's degree in law, or doctorate in law;


- Having at least 3 years of legal work experience at an agency or organization after acquiring the said law degree;


- Graduating from a notarial practice training course;


- Passing the apprenticeship assessment examination.

- Being subject to administrative measures such as education at a commune, ward, commune-level town, being placed in a compulsory education institution, or mandatory rehabilitation center.

- Being recruited, appointed or transferred to hold one of the positions specified in Clause 5 Article 14 of the Notary Law 2024, except in cases where they have been dismissed as prescribed;

- Falling under the provisions at Point h Clause 1 Article 9 of the Notary Law 2024, specifically working concurrently at two or more notarial practice organizations; simultaneously being a process server, lawyer, auctioneer, asset manager, legal consultant, appraiser on price; working under a work contract or labor contract at enterprises, cooperatives, federations of cooperatives, offices, other organizations, or participating in jobs that require regular work during official work hours;

- Not engaging in notarial practice for 12 months from the date of appointment, reappointment as a notary, or not continuously practicing notaries for 12 months or more, except in cases of suspension from notarial practice as prescribed in Article 15 of the Notary Law 2024, or temporarily halting operations of the Notary Office as per Point b Clause 1 Article 32 thereof;

- Expiry of the suspension period from notarial practice stipulated in Clause 2 Article 15 of the Notary Law 2024 while the reason for suspension remains;

- Being administratively sanctioned twice or more for notarial practice violations within 12 months; practicing without meeting the conditions or during a suspension period;

- Being disciplined twice or more within 12 months or being disciplined with dismissal;

- Being convicted by a court ruling that has legal effect;

- No longer meeting the standards for appointment as a notary at the time of their appointment.

(Clauses 1, 2 Article 16 of the Notary Law 2024)

Rights and obligations of notaries in Vietnam from July 1, 2025

As per Article 18 of the Notary Law 2024, notaries in Vietnam have the following rights and obligations:

(1) Notaries have the following rights:

- To ensure the right to notarial practice;

- To establish, participate in establishing a Notary Office, join as a partner in a Notary Office, or work under labor contracts or policies with a notarial practice organization;

- To notarize transactions according to the provisions of the Notary Law 2024 and other relevant legal provisions; to certify copies from originals, authenticate signatures on documents, verify the translator's signature per legal provisions on authentication;

- To request individuals, agencies, organizations concerned to provide information, documents, and use information from databases as regulated by law to perform notarial work;

- Other rights as prescribed by the Notary Law 2024 and related legal provisions.

(2) Notaries have the following obligations:

- To adhere to the principles of notarial practice;

- To respect and protect the legitimate rights and interests of the requesting parties;

- To practice in one notarial practice organization; to ensure work hours according to the working days and hours of the organization;

- To guide the requesting party in compliance with notarial procedures and legal provisions; to explain their rights, obligations, and benefits, the meaning and legal consequences of notarization;

- To refuse notarial services in cases of transactions violating the law, social ethics, and other cases as prescribed by the Notary Law 2024; and explain the reasons for refusal;

- To maintain confidentiality about notarial content, unless authorized in writing by the requester or other legal provisions apply;

- To engage in annual training on notarial expertise;

- To join the local Notary Association where they wish to practice and maintain membership throughout their practice at that location;

- To be legally responsible before the law and the requester for the notarial documents they handle;

- To be legally responsible for the activities of the Notary Office they partner with or own as a private enterprise;

- Other obligations under the Notary Law 2024 and its related legal provisions.

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