What is maximum duration of suspension from notarial practice in Vietnam?

1. What is maximum duration of suspension from notarial practice in Vietnam?

Pursuant to Clause 2, Article 14 of the Law on Notary 2014 stipulates the above content as follows:

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.

According to this Article, then the Department of Justice where the notary registered to practice shall decide to temporarily suspend the practice of the notary in the above cases and the maximum duration of suspension from notarial practice is 12 months in Vietnam.

2. Will a notary who is under investigation be relieved in Vietnam?

Pursuant to Clause 2, Article 15 of the Law on Notary 2014 stipulates the above content as follows:

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.

Thus, in the case of a notary who is prosecuted or investigated, he is not relieved but only when he is convicted under a court’s legally effective sentence in Vietnam.

Best Regards!