In Vietnam, are notaries allowed notarizing their contract sale of houses?

Nội dung chính

• Are notaries allowed notarizing their contract sale of houses in Vietnam?
• What are regulations on criteria for notarie?

Are notaries allowed notarizing their contract sale of houses in Vietnam?

Pursuant to Article 7 of the Law on Notary 2014 stipulating prohibited acts:

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

a/ Disclosing information on the contents of notarized documents, unless notarization requesters so agree in writing or otherwise provided by law; using information on notarized contents to infringe upon lawful rights and interests of individuals and organizations;

b/ Notarizing contracts, transactions or translations the purposes and contents of which violate law or are contrary to social ethics; inciting or creating conditions for parties to contracts or transactions to conduct sham transactions or commit other deceitful acts;

c/ Notarizing contracts, transactions or translations which are related to properties or interests of their own or of their relatives being spouses; natural parents, adoptive parents; natural parents, adoptive parents of their spouses; natural children, adopted children or children-in-law; grandparents, siblings or siblings-in-law; and natural grandchildren, adopted grandchildren;

d/ Refusing notarization requests without plausible reasons; harassing or causing difficulties to notarization requesters;

....

Accordingly, notaries are not allow notarizing contracts, transactions or translations which are related to properties or interests of their own. As a result, the notary's behavior in your case are against the law.

What are regulations on criteria for notarie?

Pursuant to Article 8 of the Law on Notary 2014 stipulating 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.

As a result, if the the above requirements are met, you can become a notary.

Best regards!