What are the regulations on cases of suspension of notarial apprenticeship in Vietnam from November 20, 2023?
What are the cases of suspension of notarial apprenticeship in Vietnam from November 20, 2023?
Cases of suspension of notarial apprenticeship specified in Article 9 of Circular 08/2023/TT-BTP include the following cases:
Suspension of notarial apprenticeship
1. An apprentice may suspend their apprenticeship in any of the following cases:
a) The apprentice takes maternity leave, medical leave, or other authorized leave;
b) The notarial apprenticeship organization must suspend operations due to force majeure events, or be suspended but the apprentice does not apply for changing the notarial apprenticeship organization.
2. In the case specified in Point a, Clause 1 of this Article, the apprentice must notify the notarial practice organization where he or she is practicing in writing at least 5 working days before the suspension date and provide documentation supporting the reason for suspension.
The notarial apprenticeship organization must notify the Department of Justice in writing within 5 working days from the date of suspension in a case specified in Clause 1 of this Article; the notice must clearly state the reason and duration of suspension.
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An apprentice may suspend their apprenticeship in any of the following cases:
- The apprentice takes maternity leave, medical leave, or other authorized leave;
- The notarial apprenticeship organization must suspend operations due to force majeure events, or be suspended but the apprentice does not apply for changing the notarial apprenticeship organization.
What are the cases of suspension of notarial apprenticeship in Vietnam from November 20, 2023? (Image from the Internet)
How many times can a notary trainee be temporarily suspended from probation?
In Article 9, Circular 08/2023/TT-BTP stipulates the suspension of probation as follows:
Suspension of notarial apprenticeship
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3. Apprentices with a 12-month apprenticeship period may suspend their apprenticeship up to two times for a maximum of six months each time. Apprentices with a 6-month apprenticeship period may suspend their apprenticeship up to two times for a maximum of three months each time.
4. The apprenticeship suspension period is not included in the apprenticeship period.
The apprenticeship period before the suspension date is included in the apprenticeship period, unless the apprentice has to re-register the apprenticeship as prescribed in clause 3 Article 10 of this Circular.
Apprentices with a 12-month apprenticeship period may suspend their apprenticeship up to two times for a maximum of six months each time. Apprentices with a 6-month apprenticeship period may suspend their apprenticeship up to two times for a maximum of three months each time.
In addition, the apprenticeship suspension period is not included in the apprenticeship period.
The apprenticeship period before the suspension date is included in the apprenticeship period, unless the apprentice has to re-register the apprenticeship as prescribed in clause 3 Article 10 of Circular 08/2023/TT-BTP.
What are the skills required in notarial apprenticeship in Vietnam from November 20, 2023?
The skills required in notarial apprenticeship prescribed in Article 6 of Circular 08/2023/TT-BTP includes the following contents:
- Skills in receiving and classifying notarization requests; skills in checking the authenticity and legality of documents included in the documentation seeking notarial service; skills in reviewing and identifying entities and active legal capacity of participants signing contracts and transactions;
- Skills in dealing with notarization petitioners, behaving according to the Code of Ethics for notary practice; skills in explaining to notarization petitioners their legal rights, obligations and interests, the meaning and legal consequences of notarization; skills in explaining reasons for refusing notarization requests;
- Skills in studying and proposing solutions to documentation seeking notarial service;
- Skills in drafting contracts and transactions at the request of a notarization petitioner; skills in checking the authenticity and legality of draft contracts and transactions prepared by a notarization petitioner; skills in verification;
- Skills in notarizing translations; skills in authenticating copies and authenticating signatures in documents;
- Skills in drafting testimonies;
- Checking, arranging, and classifying notarized and authenticated documents for record-keeping;
- Skills in utilizing and using notary databases and applying information technology in notary activities;
- Skills in administrating notarial practice organizations;
- Other skills and tasks related to notarization as assigned by the notary mentor.
Accordingly, Notary mentors shall instruct apprentices to perform the apprenticeship skills and tasks mentioned above.
For an apprentice with a 6-month apprenticeship period, the notary mentor must review and agree with the notarial apprenticeship organization on the required skills and tasks that the apprentice needs to be mentored in, and allocate time for each task/skill that is suitable for the apprentice.
Circular 08/2023/TT-BTP takes effect from November 20, 2023
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