Provisions on cases of non-appointment of notaries in Vietnam from July 1, 2025

Provisions on cases of non-appointment of notaries in Vietnam from July 1, 2025​ (Image from the internet)

On November 26, 2024, the National Assembly of Vietnam passed the Notary Law 2024, which comes into effect on July 1, 2025, and replaces the Notary Law 2014.

Provisions on cases of non-appointment of notaries in Vietnam from July 1, 2025

Article 14 of the Notary Law 2024 stipulates the cases where a notary cannot be appointed in Vietnam as follows:

(1) Persons who do not meet the criteria for appointment as notaries under Article 10 of this Law.

(2) Persons who are being prosecuted for criminal liability; persons who have been convicted of unintentional crimes and have not yet been expunged; persons convicted of intentional crimes, regardless of whether their conviction has been expunged.

(3) Persons who are being subjected to administrative measures for education at the commune, ward, or commune-level town level, sent to compulsory educational establishments, or sent to compulsory detoxification establishments.

(4) Persons who have lost civil act capacity or have limited civil act capacity; persons with cognitive difficulties in controlling behavior.

(5) Persons who are currently officials and public employees, except public employees of the notary Office; officers, non-commissioned officers, soldiers, professional soldiers, workers, public employees in agencies, units belonging to the People's Army; officers, non-commissioned officers, soldiers, workers in agencies, units belonging to the People's Public Security.

(6) Persons who are currently bailiffs, lawyers, auctioneers, asset managers, legal advisors, price appraisers, or performing work as prescribed at point h, clause 1, Article 9 of the Notary Law 2024.

(7) Officials who are disciplined by dismissal; officials and public employees disciplined by dismissal; officers, non-commissioned officers, soldiers, professional soldiers, workers, public employees in agencies, units belonging to the People's Army disciplined by deprivation of military title or forced dismissal; officers, non-commissioned officers, soldiers, workers in agencies, units belonging to the People's Public Security disciplined by deprivation of the People's Public Security title or forced dismissal.

(8) Bailiffs, lawyers, auctioneers, asset managers, legal advisors, price appraisers who have been dismissed or had their practicing certificates revoked due to legal violations if less than 3 years from the effective date of the dismissal decision or decision to revoke the practicing certificate.

Regulations on notary practice apprenticeship from July 1, 2025 in Vietnam

According to Article 12 of the Notary Law 2024, the regulations on notary practice apprenticeship in Vietnam are as follows:

(1) Persons who have a certificate of completion of a notary training course must contact a notary practice organization as prescribed in (2) for apprenticeship; if unable to contact for apprenticeship, they should request the Department of Justice to arrange an apprenticeship.

Interns must register for apprenticeship at the Department of Justice in the locality where the notary practice organization accepting the apprenticeship is located.

The duration of notary practice apprenticeship is 12 months, calculated from the date the apprenticeship registration decision takes effect.

(2) The notary practice organization accepting apprentices must have notaries who meet the conditions to instruct apprentices as stipulated in (3) and have the necessary facilities to ensure the apprenticeship.

(3) Notaries assigned to instruct apprentices must have at least 2 years of experience in notary practice. Notaries who are disciplined or administratively sanctioned in notary practice can only instruct apprentices 12 months after completing the disciplinary decision or administrative sanction.

Notaries instructing apprentices who are disciplined or administratively sanctioned in notary practice, are temporarily suspended from notary practice, die, or are declared dead or missing by the Court, the notary practice organization must assign another qualified notary to continue the apprenticeship guidance.

If there are no notaries qualified to guide apprentices, the notary practice organization must report to the Department of Justice to assign another notary practice organization to accept apprentices.

At any one time, a notary can only guide a maximum of 2 apprentices.

The notary instructing apprentices must guide and be responsible for the work done by the apprentice under their guidance.

(4) Apprentices must ensure the apprenticeship time according to the working days and hours of the notary practice organization accepting them; they are guided in professional skills and perform work related to notary services assigned by the instructing notary and are responsible to the instructing notary for such work.

(5) Those who complete the apprenticeship may register to take the apprenticeship examination in notary practice; if they pass the exam, they will be issued a certificate of apprenticeship examination results in notary practice.

The certificate of apprenticeship examination results in notary practice has no time limit, except if within 5 years from the date of issuance, the person does not apply for appointment as a notary. In such a case, the certificate will become ineffective; to be appointed as a notary, they must retake and pass the apprenticeship examination.

The Minister of Justice of Vietnam stipulates the details of Article 12 of the Notary Law 2024.

More details can be found in the Notary Law 2024 effective from July 1, 2025.

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