Chương II Luật Công chứng 2006: Công chứng viên

Chapter II

NOTARIES

Article 13. Criteria for notaries

1. A Vietnamese citizen who permanently resides in Vietnam, is loyal to the fatherland, observes the Constitution and laws, has good morals, and who fully satisfies the following criteria shall be considered for appointment as a notary:

(a) Having a bachelor of laws degree;

(b) Having five or more years' experience doing legal work in a body or organization;

(c) Having a notary vocational training certificate;

(d) Having passed the probationary period for a notary;

(dd) Having good health in order to perform notary duties.

2. The period of time for which a person was trained for notary practice shall be included when calculating the duration of legal work.

Article 14. Notary vocational training

1. Any person with a bachelor of laws degree may enrol in a notary vocational training course at a notary vocational training establishment.

2. A notary vocational training course shall last for six (6) months, and on completion of the course the training establishment shall issue graduation certificates to those who complete the course.

3. The Minister of Justice shall provide regulations on the framework program for notary vocational training courses, and on recognition of notary vocational training overseas.

Article 15. People exempt from undergoing notary vocational training:

1. A person who has been a judge, prosecutor or investigator; a lawyer who has practised for three years or more.

2. A law professor or assistant law professor; a doctor of laws.

3. A person who was a senior examiner in the courts or procuracy; a person who was a senior expert, a senior researcher, or a senior lecturer in the legal sector.

Article 16. Notary practice probation

1. A person who has a graduation certificate from a notary vocational training course shall be permitted to undergo notary practice probation at a notary practising organization. The duration of notary practice probation shall be twelve (12) months from the date of commencement of probation at such organization.

2. A prospective probationer may either directly contact a notary practising organization to arrange probation or else request the Department of Justice to arrange for a notary practising organization to accept the probationer.

3. A notary practice probationer shall carry out all notarization related work assigned by his or her tutoring public notary and shall be responsible to such tutor for such work, but shall not be permitted to sign any notarized document.

Upon expiration of the probationary period, a probationer must provide a written report on the probation results, containing comments of the tutor on the expertise and ethical behaviour of the probationer, to the local Department of Justice where the probation was registered.

Article 17. People exempt from undergoing notary practice probation

The persons exempt from undergoing notary vocational training as stipulated in article 15 of this Law shall also be exempt from undergoing notary practice probation.

Article 18. Appointment of notaries

1. A person who has completed the probationary period shall have the right to request the Department of Justice to appoint him or her as a notary. An application file shall be lodged with the local Department of Justice where the probation was registered, and shall contain the following items:

(a) Request for appointment as a notary;

(b) Copy bachelor of laws or master of laws degree;

(c) Document evidencing duration of experience doing legal work;

(d) Copy graduation certificate on completion of notary vocational training course;

(dd) Report on probation results containing comments of the tutor;

(e) Summarized curriculum vita;

(g) Health certificate.

2. A person who is exempt from undergoing notary vocational training or notary practice probation shall have the right to request the Minister of Justice to appoint him or her as a notary. An application file for appointment as a notary shall be lodged with the Ministry of Justice, and shall contain the following items:

(a) Request for appointment as a notary;

(b) Copy bachelor of laws, master of laws of doctor of laws degree;

(c) Document evidencing entitlement to exemption from undergoing notary vocational training or notary practice probation;

(d) Document evidencing duration of experience doing legal work;

(dd) Summarized curriculum vita;

(e) Health certificate.

3. Within ten (10) working days from the date of receipt of a complete application file, the Department of Justice shall send a written proposal on the appointment of the notary together with the file to the Minister of Justice. In a case of a refusal, written notice must be sent to the applicant specifying the reasons therefor. An applicant who is refused shall have the right to lodge a complaint in accordance with law.

4. Within twenty (20) days from the date of receipt of the complete application file, the Minister of Justice shall issue a decision on the appointment of the notary. In a case of a refusal, written notice must be sent to the applicant and to the Department of Justice specifying the reasons therefor. An applicant who is refused shall have the right to lodge a complaint in accordance with law.

The Minister of Justice shall issue notary cards to persons appointed as notaries.

Article 19. Persons ineligible to be appointed as notaries:

1. A person who is currently subject to criminal prosecution; a person who was convicted of a non-intentional crime for which the police record has not yet been expunged; a person who was convicted of a deliberate crime.

2. A person who is currently subject to application of another administrative measure pursuant to the law on dealing with administrative offences.

3. A person whose capacity for civil acts is lost or restricted.

4. Any civil servant or State official who was dismissed from his or her position.

5. A person whose legal practising certificate was revoked by way of disciplinary penalty in the form of removal as a member of a bar association or withdrawal of the right to use such legal practising certificate.

Article 20. Dismissal of notaries

1. A notary may be relieved of his or her duties upon his or her voluntary application or upon secondment to another job.

2. A notary shall be dismissed in the following circumstances:

(a) When he or she no longer satisfies the criteria for appointment as a notary stipulated in article 13 of this Law;

(b) If his or her capacity for civil acts is lost or restricted;

(c) If he or she concurrently has another job;

(d) If he or she fails to conduct notary practice for two years from the date of appointment as a notary or for a period of twelve consecutive months;

(dd) If he or she has been subject to an administrative penalty for a second time regarding notarization activities and continues such breach, or has been disciplined by way of a warning for a second time and continues such breach, or has been disciplined by way of compulsory resignation.

(e) If he or she has been indicted pursuant to an effective court judgment.

3. The Minister of Justice, either on his own discretion or at the request of the Department of Justice where a notary practices or of the Department of Justice where a notary was appointed, may issue a decision on dismissal of the notary.

The file requesting dismissal of the notary in a case referred to in clause 1 of this article shall include an application from the notary and an official letter of request from the local Department of Justice.

The file requesting dismissal of the notary in a case referred to in clause 2 of this article shall include an official letter of request from the local Department of Justice and other relevant documents serving as the grounds for such request.

4. Within ten (10) working days from the date of receipt of a file requesting dismissal of a notary, the Minister of Justice shall issue a decision dismissing the notary and a decision revoking the notary's card.

Article 21. Temporary suspension of notary practice

1. The Department of Justice shall temporarily suspend the notary practice of a notary in any one of the cases referred to in articles 20.2(a), (b), (c), (d) and (dd) of this Law or when a notary is criminally prosecuted or subject to another administrative penalty pursuant to the law on dealing with administrative offences.

2. The Department of Justice shall rescind its decision on temporary suspension of the notary practice of a notary in the following circumstances:

(a) When the notary no longer falls within one of the cases referred to in articles 20.2(a), (b), (c), (d) and (dd) of this Law;

(b) When there is a decision suspending investigation or suspending the court case, or when the notary is found to be not guilty pursuant to an effective court judgment;

(c) When the public notary is no longer subject to another administrative penalty pursuant to the law on dealing with administrative offences.

3. A decision temporarily suspending the notary practice of a notary and a decision cancelling the former decision shall be sent to the notary, to the notary practising organization where such notary works, to the provincial people's committee and to the Ministry of Justice.

Article 22. Rights and obligations of notaries

1. Notaries shall have the following rights:

(a) To select the location of his or her practice, except in the case of notaries working in a Public Notary Office;

(b) To request individuals, bodies and organizations concerned to supply information and data relevant to the notarization purpose;

(c) Other rights pursuant to this Law.

2. Notaries shall have the following obligations:

(a) To comply with the principles of notary practice;

(b) To respect and protect the legitimate rights and interests of applicants for notarization;

(c) To maintain confidentiality of all items which are notarized, except where the applicant for notarization provides written consent or except where the law stipulates otherwise;

(d) To practise at one notary practising organization.