Cases of relief from duty of notaries in Vietnam

Cases of relief from duty of notaries in Vietnam (Internet image)

In this regard, Lawnet would like to answer as follows:

1. Provisions on cases of relief from duty of notaries in Vietnam

According to Clause 1, Article 15 of the Law on Notarization 2014, the case of notaries is dismissed as follows:

A notary may be relieved from duty at his/her own will or transferred to another job.

The notary shall submit a written request for relief from duty to the provincial-level Justice Department with which he/she has registered his/her professional practice. Within 15 days after receiving the written request, the provincial-level Justice Department shall send a written proposal enclosed with the notary’s written request to the Minister of Justice.

2. Cases of relief from duty of notaries in Vietnam

According to Clause 2, Article 15 of the Law on Notarization 2014, a notary shall be relieved from duty in the following cases:

- He/she no longer satisfies the criteria for notaries prescribed in Article 8 of the Law on Notarization 2014;

- He/she has his/her civil act capacity lost or restricted;

- He/she concurrently performs another regular job;

- He/she fails to conduct notarial practice within 2 years after being appointed as a notary or fails to conduct notarial practice for 12 consecutive months or more;

- The duration of suspension from notarial practice prescribed in Clause 2, Article 14 of the Law on Notarization 2014 has expired but the reason for the suspension still exists;

- He/she has been sanctioned twice for administrative violations in notarial practice but still continue committing violations; he/she has been disciplined in the form of reprimand or in a heavier form twice but still continue committing violations, or has been disciplined in the form of dismissal;

- He/she is convicted under a court’s legally effective sentence;

- He/she is ineligible for appointment as a notary in the cases prescribed in Article 13 of the Law on Notarization 2014 at the time of being appointed.

3. Rights and obligations of notaries in Vietnam

Rights and obligations of notaries under Article 17 of the Law on Notarization 2014 are as follows:

- Notaries have the following rights:

= To have their right to notarial practice protected by law;

= To participate in the establishment of notary offices or work under contracts for notarial practice organizations;

= To notarize contracts, transactions and translations in accordance with this Law;

= To request related individuals, agencies and organizations to provide information and documents serving the notarization;

= To refuse to notarize contracts, transactions and translations which violate law or are contrary to social ethics;

= To have other rights as prescribed in this Law and other relevant laws.

- Notaries have the following obligations:

= To abide by the principles of notarial practice;

= To practice at a notarial practice organization;

= To respect and protect lawful rights and interests of notarization requesters;

= To explain to notarization requesters their lawful rights, obligations and interests, and legal significance and consequences of notarization; if refusing notarization requests, to clearly state the reasons to notarization requesters;

= To keep secret contents of notarized documents, unless otherwise agreed in writing by notarization requesters or provided by law;

= To attend notary re-training courses every year;

= To take responsibility before law and notarization requesters for documents they have notarized; to take responsibility before law for operations of notary offices of which they are partners;

= To join socio-professional organizations of notaries;

= To be managed by competent state agencies, notarial practice organizations where they work and the notaries’ socio-professional organization of which they are members;

= To have other obligations as prescribed by this Law and other relevant legal documents.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE