Criteria for notaries in Vietnam

Criteria for notaries in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Criteria for notaries in Vietnam

According to Article 8 of the Law on Notarization 2014, 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 the Law on Notarization 2014 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.

2. 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.

3. Exemption from notary training in Vietnam

According to Article 10 of the Law on Notarization 2014, the 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.

4. Regulations on notarial practice probation in Vietnam

- Those who have been granted certificates of graduation from notary training courses or certificates of completion of notary re-training courses shall undergo a probationary period at a notarial practice organization.

A probationer may directly contact a notarial practice organization qualified to admit probationers so as to join such organization on probation;

If he/she cannot directly contact any notarial practice organization, he/she may request the provincial-level Justice Department of the locality where he/she wishes to undergo a probationary period to arrange his/her probation at a notarial practice organization qualified to admit probationers.

Probationers shall register their probation at the provincial-level Justice Departments of the localities where the notarial practice organizations which they join on probation are located.

The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course or 6 months for persons possessing a certificate of completion of a notary re-training course.

The period of notarial practice probation shall be counted from the date of probation registration.

- Notarial practice organizations admitting probationers must have notaries satisfying the conditions on probationer tutoring prescribed in Clause 3 of Article 11 of the Law on Notarization 2014 and have physical foundations to ensure the probation.

- Notarial practice organizations admitting probationers shall assign notaries to tutor probationers.

Notaries acting as tutors must have at least two years’ experience in notarial practice. A notary who is disciplined or administratively sanctioned for violations in notarial practice may not act as a tutor within 12 months after the date of completing the serving of the disciplining decision or administrative sanctioning decision.

A notary may not concurrently tutor more than 2 probationers.

Notaries acting as tutors shall guide and take responsibility for jobs performed by probationers under Clause 4 of Article 11 of the Law on Notarization 2014.

- Notarial practice probationers shall be guided in professional practice skills, perform notarization-related jobs assigned by their tutors and take responsibility before their tutors for such jobs. Probationers may not sign notarized documents.

- Upon expiration of the probationary period, a notarial practice probationer shall submit to the provincial-level Justice Department with which he/she has registered the probation a written probation result report containing comments of the notary acting as his/her tutor and certification of the notarial practice organization;

May register for examination of notarial practice probation results. If meeting requirements on notarial practice probation results, the probationer shall be granted a certificate of notarial practice probation results.

- The Minister of Justice shall stipulate in detail notarial practice probation and examination of national practice probation results.

(Article 11 of the Law on Notarization 2014)

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