When meeting the conditions, individuals may be considered for appointment of a notary. However, in some cases, despite meeting the conditions, they are not eligible for appointment as notaries. Here are the cases in which individuals are ineligible for appointment as notaries in Vietnam
Article table of contents
05 Cases of subjects ineligible for appointment as notaries in Vietnam (Illustration)
1. When is a person appointed a notary?
Pursuant to Clause 1, Article 12 of the Law on Notary 2014 stipulates the persons who fully satisfy the criteria prescribed in Article 8 of this Law may request the Minister of Justice of Vietnam to appoint them as notaries. Dossiers of request for appointment as notaries shall be sent to the provincial-level Justice Departments of the localities where the requesters have registered for notarial practice probation in Vietnam.
Article 8. Criteria for notaries
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.
2. Cases of subjects ineligible for appointment as notaries in Vietnam
Article 13 of the Law on Notary 2014 stipulates cases of persons ineligible for appointment as notaries as follows:
- 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.
- 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 armymen, 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 armyman 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.
Ngoc Nhi
- Key word:
- notary in Vietnam
