Latest procedures for the appointment of notaries in Vietnam

Latest procedures for the appointment of notaries in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows: 

Latest procedures for the appointment of notaries in Vietnam

(1) Implementation:

- The applicant for the appointment of notaries submits the application for the appointment of notaries to the Department of Justice, where they have registered for notarial practice probation;

- The Department of Justice receives the application for appointment of notaries; if the application is deemed valid, the Department of Justice issues a written request along with the application for appointment of notaries to the Minister of Justice; in the case of refusal, a written notification must be provided, stating the reasons for the applicant;

- The Minister of Justice reviews and decides on the appointment of notaries; in the case of refusal, a written notification must be provided, stating the reasons, and sent to the Department of Justice and the applicant for appointment.

(2) Submission method: The application is submitted directly, through the postal system, or online (if the administrative procedure is provided online) to the Department of Justice.

(3) Document requirements:

- Application for appointment of notaries according to Form TP-CC-03-sd issued in conjunction with Circular 03/2024/TT-BTP dated 15/5/2024 of the Minister of Justice amending 08 circulars related to administrative procedures related to judicial assistance

- Judicial record;

- Copy of bachelor's, master's, or doctoral degree in law;

- Papers proving the working seniority in the legal sector as regulated in Clause 3, Article 3 of Circular 01/2021/TT-BTP;

- Copy of certificate of completion of the notarial training course. For those exempted from notarial training, a copy of the certificate of completion of the notarial profession training course and proof of exemption from notarial training as regulated in Clause 1, Article 10 of the Law on Notarization 2010 must be provided;

- Copy of certificate of notarial practice probation examination results;

- Certificate of health issued by the authorized medical agency.

(4) Number of applications: 01 set.

(5) Processing time:

- Within 10 working days from the date of receiving the complete application for appointment of notaries, the Department of Justice issues a written request for the appointment of notaries along with the application for appointment; in the case of refusal, a written notification must be provided, stating the reasons for the applicant;

- Within 30 days from the date of receiving the written request and application for appointment from the Department of Justice, the Minister of Justice reviews and decides on the appointment of notaries; in the case of refusal, a written notification must be provided, stating the reasons, and sent to the Department of Justice and the applicant for appointment.

(6) Subject carrying out the administrative procedure: Individual.

(7) Administrative authority: Ministry of Justice, Department of Justice.

(8) Result of administrative procedure: Decision on the appointment of notaries.

(9) Fee and charge: None.

(10) Requirements and conditions for performing the administrative procedure:

* The applicant for the appointment of notaries must meet the criteria stipulated in Article 8 of the the Law on Notarization 2010: Having a bachelor of law degree; Having performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree; Having graduated from a notary training course as prescribed in Article 9 or completed a notary re-training course as prescribed in Clause 2, Article 10 of the Law on Notarization 2010; Meeting requirements on notarial practice probation results; Being physically fit for notarial practice.

* Individuals falling under the cases stipulated in Article 13 of the Law on Notarization 2010 are not eligible for the appointment of notaries:

-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.

- Those who are being subjected to administrative handling measures in accordance with the law on handling of administrative violations.

- Those who have their civil act capacity lost or restricted.

- Officials 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.

- 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.

More details can be found in Decision 851/QD-BTP, which comes into force from May 15, 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE