Vietnam: Notaries must participate in notarization practice probation

According to Article 11 of the Rule on notarization practice ethics issued together with the Circular No. 11/2012/TT-BTP of the Ministry of Justice of Vietnam, notaries have duties to participate in notarization practice probation; raising high responsibility, being whole-hearted to communicate knowledges and professional experiences for notarization practice probationers. Notaries guiding probationers are not permitted to perform the following things:

- Having personal discrimination with notarization practice probationers guided by them.

- Reclaiming material benefits, money from notarization practice probationers.

- Collaborating with notarization practice probationers in order to report untrue, report with fictitious content about the result of notarization practice probation.

- Misusing role as guiding notary in order to force probationer to do things apart from scope of probation or do acts violating law, contrary to social ethics aiming to attain their benefits.

Moreover, Article 12 of this Rule also stipulates things which a notary is not permitted to do in relation with colleagues, notary practice organizations, specifically as follows:

- Offending or having acts causing damage to the prestige of colleagues, notary practice organizations.

- Pressuring, threatening or performing acts breaching law, contrary to social ethics with colleagues in order to scramble advantages for themselves in practicing profession.

- Cooperating with individuals, organizations having ability of pressuring, to compel the applicants for notarization to arrive at their notary practice organizations for notarization with purpose for profit.

- Conducting any advertisement for themselves and their notary practice organizations under any form which are not in accordance with regulations of law.

- Conducting acts of broker, receiving or requiring commission when introducing colleagues to the applicants for notarization which they do not undertake.   

- Opening other branches, representative offices, establishments, transaction places apart from the head office of notary practice organizations.

- Other unsound competition acts.

View more details at the Circular No. 11/2012/TT-BTP of the Ministry of Justice of Vietnam, effective from December 20, 2012.

Le Vy

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