Criteria to become a notary in Vietnam

Today, notary is a profession that many students dream of when they graduate. However, to become a notary, not everyone can meet. So about the matter “Criteria to become a notary in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

• Notarization Law 2014

What is notarization under current regulations?

Notarization means that a notary of a notarial practice organization certifying the authenticity and lawfulness of a written contract or other civil transaction (hereinafter referred to as contract or transaction), accuracy , legally, and not contrary to social ethics of the translation of papers and documents from Vietnamese into foreign languages ​​or from foreign languages ​​into Vietnamese (hereinafter referred to as translations) which, according to the provisions of law, must be published. notarization or individuals or organizations voluntarily request notarization.

Notary public means a person who fully meets the criteria prescribed by this Law and is appointed by the Minister of Justice to practice notarial practice.

What are the current notary practice principles?

Principles of notary practice

1. Comply with the Constitution and laws.

2. Objective, honest.

3. Comply with the code of ethics for notarial practice.

4. Take responsibility before law and notarization requesters for notarized documents.

What is the legal value of notarized documents?

1. Notarized documents take effect from the date they are signed and stamped by the notary public of the notarial practice organization.

2. Notarized contracts and transactions are enforceable for related parties; in case the obligor fails to perform his/her obligations, the other party has the right to request the court to settle it in accordance with law, unless otherwise agreed upon by the parties to the contract or transaction.

3. Notarized contracts and transactions have evidence value; the facts and facts in the contract or transaction that are notarized are not required to be proved, except in cases where the court declares them invalid.

4. Notarized translations are valid as translated papers and documents.

Prohibited acts in notarization activities at present

1. Notaries and notarial practice organizations are strictly prohibited from performing the following acts:

a) Disclose information on notarization contents, unless otherwise agreed by the notarization requester or otherwise provided for by law; using information on notarized contents to infringe upon the legitimate rights and interests of individuals and organizations;

b) Perform notarization in case the purpose and content of the contract, transaction, or translation violates the law or social ethics; instigating, creating conditions for participants of contracts or transactions to perform fake transactions or other fraudulent acts;

c) Notarize contracts, transactions, translations related to the property and interests of themselves or their relatives who are spouses; natural parents, adoptive parents; natural parents, adoptive parents of spouses; natural, adopted, daughter-in-law, son-in-law; grandparent; siblings, siblings of spouses; grandchildren are children of natural or adopted children;

d) Refuse notarization requests without a legitimate reason; harassing and causing difficulties for notarization requesters;

đ) Receive or demand money or other benefits from notarization requesters in addition to notarization fees, notary remuneration and other expenses already determined and agreed upon; receive or demand money or other benefits from a third party to perform or fail to perform notarization, causing damage to the notarization requester and related individuals and organizations;

e) Forcing others to use their services; colluding with or colluding with notarization requesters and related persons to falsify the contents of notarized documents and notarization dossiers;

g) Putting pressure on, threatening or committing acts that violate the law or social ethics to gain advantages for themselves or their organizations in notarization practice;

h) Advertise on the mass media about notaries and their organizations;

i) The notarial practice organization opens a branch, representative office, establishment or transaction location other than the head office of the notarial practice organization; carry out production, business and service activities outside the registered scope of activities;

k) Notaries practice at the same time at two or more notarial practice organizations or concurrently perform other regular jobs;

l) Notaries participating in the management of enterprises outside notarial practice organizations; carry out brokerage and agency activities; participate in profit sharing in contracts or transactions that they receive notarization;

m) Violating the law, violating the code of ethics for notarial practice.

2. Individuals and organizations are strictly prohibited from performing the following acts:

a) Impersonating a notarization requester;

b) The notarization requester provides untruthful information or documents; using papers and documents that are forged or illegally erased or modified to request notarization;

c) Witnesses or interpreters commit acts of deception or dishonesty;

d) Obstructing notarization activities.

Criteria to become a notary in Vietnam

Vietnamese citizens permanently residing in Vietnam, complying with the Constitution and laws, having good moral qualities and meeting the following criteria may be considered and appointed notaries:

1. Have a bachelor’s degree in law;

2. Having worked in law for 5 years or more at agencies and organizations after obtaining a bachelor’s degree in law;

3. Graduating from the notarial training course specified in Article 9 of this Law or completing the notarial training course specified in Clause 2, Article 10 of this Law;

4. Passing the test of notarial practice probation results;

5. To ensure health to practice notarization.

How long is the current notary training period?

1. Holders of a bachelor’s degree in law may attend a notary vocational training course at a notary vocational training institution.

2. The notary training duration 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.

3. The Minister of Justice shall detail the notarial vocational training institutions, the notarial vocational training framework program and the equivalent recognition for those who receive notary training abroad.

What is the application file for appointment of a notary?

According to the provisions of Clause 2, Article 12 of the Law on Notary 2014, the application for appointment of a notary is as follows:

– An application for appointment of a notary, made according to the form prescribed by the Minister of Justice;

– Judicial history card;

– Copy of bachelor’s degree in law or master’s degree, doctor of law;

– Proof of legal working time;

– A copy of the certificate of graduation from the notarized vocational training course. For persons exempted from notarial training, they must have a copy of the certificate of completion of the notarial training course and papers proving that they are exempt from notarial training as prescribed in Clause 1, Article 10 of this Law. ;

– A copy of the certificate of the result of the notarial practice probation test;

– Health certificate issued by a competent health authority.

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