Many people who graduated from law university have a dream to work as a notary. However, many do not know how to become a notary as well as its requirements. If they do not have an insight into the regulations of the law regarding notaries, they may face complicated situations. So, in this article, LSX legal firm informs you: “Standards of notary in Vietnam”
Legal ground
- Law on Notary 2014
What is notarization?
A notarization means a public act of witnessing. The training state appoints a number of individuals, giving them the power on behalf of the state to stand as witnesses to commercial civil transactions taking place in social life.
Clause 1, Article 2 of the Law on Notarization 2014 defines Notarization activities as: 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) prescribed by law or voluntarily requested by an individual or organization.
What is a notary?
Most countries in the world recognize in their notary law that a notary exercises notarial power. In Vietnam, Clause 2, Article 2 of the Law on Notarization 2014 recognizes notaries as:
“A notary means a person who fully meets the criteria prescribed by this Law and appointed by the Minister of Justice to conduct notarial practice”
So, a notary means a person appointed by a competent state agency when meeting the conditions prescribed by law, they directly handle notarization requests for the involved parties, identified as a judicial assistant title.
Standards of notary in Vietnam
According to Article 8 of the Law on Notary 2014:
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.
Thus, we can see that the person to become a notary must meet many strict conditions because this activity meant to ensure that the transaction contracts are witnessed with high legal requirements, and protect the rights and interests of the contracting parties as well as those with related rights and obligations. In order to clarify the standards of notaries according to current regulations, we would like to analyze the criteria:
Vietnamese citizens permanently residing in Vietnam, observing the law and having moral qualities
Notaries must be Vietnamese citizen, according to Clause 1, Article 5 of the Law on Nationality No. 24/2008/QH12, Vietnamese citizens are citizens with Vietnamese nationality. To prove this, the person wishing to become a notary must have types of documents such as a birth certificate, passport, citizen identification, or decision to join Vietnamese nationality…
Permanent residence in Vietnam means living in Vietnam regularly, always obeying the law, and having good morals means having conceptions, views, thoughts, and feelings about honor, good and bad. In other words, having public service ethics.
Have a bachelor’s degree in law
The first important condition: in order to become a notary, an individual must have a bachelor’s degree (not necessarily a formal degree) in law from law training institutions such as Hanoi Law University, National University of Law, Hanoi Open University, Procuracy University, Court Academy, Judicial Academy, etc.
Having worked in law for 5 years or more at agencies and organizations after having obtained a bachelor’s degree in law
When you have a bachelor’s degree in law, you must have worked in law for at least 5 years at agencies and organizations such as courts, procuracies, lawyers’ offices, and judicial agencies.
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
Holders of a bachelor’s degree in law may attend a notary training course at a notary vocational training institution. The duration of notary vocational training is 12 months. The person who completes the notarial vocational training program shall be granted a certificate of graduation from the notary vocational training course by the notary vocational 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 trained as a notary abroad.
Notary training exemption:
- 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 the 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 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.
Meeting requirements on notarial practice probation results
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.
Notaries acting as tutors must have at least two years of experience in notarial practice; guide and take responsibility for jobs performed by probationers.
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 the 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.
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Contact LSX
Finally, hope this article is useful for you to answer the question about “Standards of notary in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Related questions
In regular, when the employer calls for an interview, the candidate only needs to bring a photocopy of the profile without notarization or authentication. However, many enterprises require the notarization and authentication of a job application.
In case you can not travel, you can conduct the notarization outside the headquarters of the notarial practice organization.
Firstly, under 50 million VND: 50 thousand VND.
Secondly, from 50 million VND to 100 million VND: 100 thousand VND.
Thirdly, from over 100 million VND to 01 billion VND: 0.1% of property value or value of the contract, transaction.
Fourthly, from over 01 billion VND to 03 billion VND: 01 million VND + 0.06% of the asset value or the value of the contract or transaction exceeding 01 billion VND.
Fifthly, from over VND 03 billion to VND 05 billion VND: 2.2 million VND + 0.05% of the asset value or value of the contract, transaction exceeding VND 03 billion.
From over 05 billion VND to 10 billion VND: 3.2 million + 0.04% of the asset value or value of the contract, transaction exceeding 05 billion VND.
From over 10 billion VND to 100 billion VND: 5.2 million VND + 0.03% of the asset value or value of the contract, transaction exceeding 10 billion VND.
Lastly, over 100 billion VND: 32.2 million + 0.02% of the asset value or value of the contract, transaction exceeding 100 billion VND (maximum collection rate: 70 million VND/case).
Conclusion: So the above is Standards of notary in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
