ANTD.VN – The draft revised Notary Law has added a series of subjects who are not allowed to be appointed notaries such as officers, professional soldiers of the People’s Army, officers and employees of the People’s Public Security.
Article 12 of the draft revised Notary Law stipulates 8 groups of cases in which notaries cannot be appointed, including:
Not meeting the standards for appointment of notaries as prescribed in Article 8 of this Law;
People who are being prosecuted for criminal liability; people who have been convicted of unintentional crimes but have not had their criminal records expunged; people who have been convicted of intentional crimes, including cases where their criminal records have been erased;
People who are being subjected to administrative measures of education in communes, wards, towns, or being sent to compulsory education establishments or compulsory detoxification establishments;
People who have lost civil act capacity or have limited civil act capacity; people with difficulty in cognition and behavior control;
Persons who are currently officers, civil servants, or public employees, except for officers of the Notary Office or other officers and civil servants of the Department of Justice who are subject to transfer or rotation to the Notary Office after being appointed as a notary public. ; are officers, professional soldiers, workers, civil servants in agencies and units of the People’s Army, officers, non-commissioned officers, soldiers, workers, civil servants in agencies and units of the People’s Public Security;
People who are currently serving as bailiffs, lawyers, auctioneers, asset managers, legal consultants, price appraisers or concurrently holding jobs as prescribed in Point k, Clause 1, Article 7 of this Law ( working under a work contract or labor contract at other businesses, agencies, organizations; holding leadership positions in socio-political organizations, socio-political-professional organizations…;
Officials are disciplined by dismissal; civil servants and public employees are disciplined in the form of dismissal; Officers, professional soldiers, workers, civil servants in agencies and units of the People’s Army, officers, non-commissioned officers, soldiers, workers, civil servants in agencies and units of the People’s Public Security are disciplined in the form of stripped of military title, public security title or forced to resign;
A person whose law practice certificate is revoked due to disciplinary action in the form of deletion of his name from the list of the Bar Association within 3 years from the date the decision to revoke the law practice certificate takes effect. force; People who have been deprived of the right to use the certificate of practice as a lawyer, auctioneer, or asset manager, or have been deprived of the right to use the card of bailiff or price appraiser within 3 years from the date of completion of the decision. intend to revoke that right to use.
It can be seen that, compared to current regulations, the draft revised Notary Law has added cases of not appointing notaries who are officials, civil servants, or public employees, except officials of the Notary Office. or other officials and civil servants of the Department of Justice who are subject to transfer or rotation to the Notary Office after being appointed as a notary; are officers, professional soldiers, workers, civil servants in agencies and units of the People’s Army, officers, non-commissioned officers, soldiers, workers, civil servants in agencies and units of the People’s Public Security…
Do not appoint a notary for people who are being subjected to administrative handling measures according to the law on handling administrative violations, including three measures: education at communes, wards and towns; sent to compulsory educational establishments and sent to compulsory detoxification establishments…
