Criteria for notaries in Vietnam under the latest regulations

Criteria for notaries in Vietnam under the latest regulations (Internet image)

1. What is notarization? 

Clauses 1 and 2, Article 2 of the Law on Notarization 2014 stipulates notarization as follows:

- Notarization means the written certification by a notary of a notarial practice organization of the authenticity and lawfulness of a contract or another civil transaction (below referred to as contract or transaction) or of the accuracy, lawfulness and conformity with social ethics of the Vietnamese or foreign-language translation of a paper or document (below referred to as translation) which is prescribed by law or voluntarily requested by an individual or organization to be notarized.

- Notary means a person who fully meets the criteria prescribed by the Law on Notarization 2014 and is appointed by the Minister of Justice to conduct notarial practice.

2. Criteria for notaries in Vietnam

Article 8 of the Law on Notarization 2014 stipulates the criteria for notaries as follows:

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:

- 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 of this Law or completed a notary re-training course as prescribed in Clause 2, Article 10 of the Law on Notarization 2014.

- Meeting requirements on notarial practice probation results.

- Being physically fit for notarial practice.

3. Regulations on notary training in Vietnam

Article 9 of the Law on Notarization 2014 stipulates notary training as follows:

- Those who possess a bachelor of law degree may attend notary training courses at notary training institutions.

- A notary training course must last for 12 months.

Those who have completed a notary training course shall be granted certificates of graduation from the notary training course by the notary training institution.

- The Minister of Justice shall stipulate in detail notary training institutions, the framework program for notary training and equivalence recognition for those who have been trained in notary abroad.

4. Regulations on exemption from notary training in Vietnam

Article 10 of the Law on Notarization 2014 stipulates the exemption from notary training as follows:

- Notary training shall be exempted for the following persons:

+ Those who have worked as judges, prosecutors or investigators for at least 5 years;

+ Lawyers who have been engaged in legal practice for at least 5 years;

+ Law professors and associate professors; doctors of law;

+ Senior verifiers of courts, senior examiners of procuracies; senior experts, senior researchers and senior lecturers in the legal sector.

- Persons exempted from notary training under Clause 1 of Article 10 of the Law on Notarization 2014 shall attend a re-training course on notarial practice skills and rules on notary practice ethics at a notary training institution before they are proposed for appointment as notaries. A notary re-training course must last for 3 months.

Those who have completed a notary re-training course shall be granted certificates of completion of the notary re-training course.

Ngoc Nhi

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