Chapter II

NOTARIES

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.

Article 9. Notary training

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

2. 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. 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.

Article 10. Exemption from notary training

1. Notary training shall be exempted for the following persons:

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

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

c/ Law professors and associate professors; doctors of law;

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

2. Persons exempted from notary training under Clause 1 of this Article 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.

3. The Minister of Justice shall stipulate in detail notary re-training courses prescribed in Clause 2 of this Article.

Article 11. Notarial practice probation

1. 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.

2. Notarial practice organizations admitting probationers must have notaries satisfying the conditions on probationer tutoring prescribed in Clause 3 of this Article and have physical foundations to ensure the probation.

3. 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 this Article.

4. 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.

5. 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.

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

Article 12. Appointment of notaries

1. Those who fully satisfy the criteria prescribed in Article 8 of this Law may request the Minister of Justice 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.

2. A dossier of request for appointment as a notary must comprise:

a/ A written request for appointment as a notary, made according to a form set by the Minister of Justice;

b/ The requester’s judicial record;

c/ A copy of the bachelor of law, master of law or doctor of law degree;

d/ Papers proving the working seniority in the legal sector;

dd/ A copy of the certificate of graduation from a notary training course. For those exempted from notary training, a copy of the certificate of completion of a notary re-training course and papers proving the eligibility for exemption from notary training as prescribed in Clause 1, Article 10 of this Law;

e/ A copy of the certificate of notarial practice probation results;

g/ A health certificate granted by a competent health agency.

3. Within 10 working days after receiving a complete dossier of request for appointment as a notary prescribed in Clause 2 of this Article, the provincial-level Justice Department shall make a written proposal enclosed with the dossier to the Minister of Justice to appoint the requester as a notary. In case of refusal, it shall reply in writing clearly stating the reason to the requester.

4. Within 30 days after receiving the written proposal and dossier from the provincial-level Justice Department, the Minister of Justice shall consider and decide to appoint the requester as a notary; in case of refusal, he/she shall issue a written reply clearly stating the reason to the provincial-level Justice Department and the requester.

Article 13. Persons ineligible for appointment as notaries

1. 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.

2. Those who are being subjected to administrative handling measures in accordance with the law on handling of administrative violations.

3. Those who have their civil act capacity lost or restricted.

4. 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 army men, 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 army man or people’s policeman or have been expelled from the service.

5. 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.

Article 14. Suspension from notarial practice

1. The provincial-level Justice Department with which a notary has registered his/her professional practice shall decide to suspend the notary from professional practice in the following cases:

a/ The notary is being examined for penal liability;

b/ The notary is being subjected to an administrative handling measure.

2. The maximum duration of suspension from notarial practice is 12 months.

3. The provincial-level Justice Department shall decide to cancel the decision on suspension from notarial practice ahead of time in the following cases:

a/ A decision on termination of investigation or the case is issued, or a legally effective verdict of not guilty is issued by a court;

b/ The notary is no longer subjected to the administrative handling measure in accordance with the law on handling of administrative violations.

4. The decision on suspension from notarial practice and decision on cancellation of the decision on suspension from notarial practice shall be sent to the notary, the notarial practice organization where the notary works, the People’s Committee of the province or centrally run city (below referred to as provincial-level People’s Committee) and the Ministry of Justice.

Article 15. Relief from duty of notaries

1. 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. A notary shall be relieved from duty in the following cases:

a/ He/she no longer satisfies the criteria for notaries prescribed in Article 8 of this Law;

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

c/ He/she concurrently performs another regular job;

d/ 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;

dd/ The duration of suspension from notarial practice prescribed in Clause 2, Article 14 of this Law has expired but the reason for the suspension still exists;

e/ 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;

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

h/ He/she is ineligible for appointment as a notary in the cases prescribed in Article 13 of this Law at the time of being appointed.

3. Provincial-level Justice Departments shall scrutinize and examine the satisfaction of professional practice criteria by notaries in their localities.

When having grounds to believe that a notary falls into a case subject to relief from duty prescribed in Clause 2 of this Article, the provincial-level Justice Department shall send a written proposal for relief from duty of the notary, enclosed with relevant supporting documents, to the Minister of Justice.

4. Within 15 days after receiving a dossier of proposal for relief from duty of a notary, the Minister of Justice shall consider and decide to relieve the notary from duty.

Article 16. Re-appointment as notaries

1. Notaries who have been relieved from duty under Clause 1, Article 15 of this Law may be considered for re-appointment as notaries when they make requests for re-appointment.

2. Except the case prescribed in Clause 3 of this Article, notaries who have been relieved from duty under Clause 2, Article 15 of this Law may be considered for re-appointment as notaries when fully meeting the criteria for notaries prescribed in Article 8 of this Law and the reasons for their relief from duty no longer exist.

3. Notaries who have been relieved from duty because as they are convicted under court’s legally effective sentences of intentional crimes, have been twice sanctioned for administrative violations in notarial practice but continue committing violations; have been disciplined in the form of reprimand or in a heavier form twice but still continue committing violations or in the form of dismissal shall not be re-appointed as notaries.

4. Procedures for re-appointment as notaries must comply with Article 12 of this Law. A dossier of request for re-appointment as a notary must comprise:

a/ A written request for re-appointment as a notary, made according to a form set by the Minister of Justice;

b/ The judicial record;

c/ The health certificate granted by a competent health agency;

d/ A copy of the decision on relief from duty of the notary;

dd/ Copies of papers proving that the reason for relief from duty no longer exists, except the case prescribed in Clause 1 of this Article.

Article 17. Rights and obligations of notaries

1. Notaries have the following rights:

a/ To have their right to notarial practice protected by law;

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

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

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

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

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

2. Notaries have the following obligations:

a/ To abide by the principles of notarial practice;

b/ To practice at a notarial practice organization;

c/ To respect and protect lawful rights and interests of notarization requesters;

d/ 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;

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

e/ To attend notary re-training courses every year;

g/ 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;

h/ To join socio-professional organizations of notaries;

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

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