Can a notary apprentice change their notarial apprenticeship organization if they change their residence to another province in Vietnam?
Can a notary apprentice change their notarial apprenticeship organization if they change their residence to another province in Vietnam?
Based on Article 8 of Circular 08/2023/TT-BTP regarding the change of notary practice notarial apprenticeship organization, as follows:
Change of notary practice notarial apprenticeship organization
1. A trainee may change their notary practice notarial apprenticeship organization in the following cases:
a) The notarial apprenticeship organization accepting the trainee is temporarily suspended from operation, ceases operation, or is reorganized or dissolved in accordance with the Law on Notarization and related legal documents;
b) The notarial apprenticeship organization accepting the trainee no longer meets the conditions to accept a trainee as prescribed by the Law on Notarization;
c) The mentoring notary is subject to changes as prescribed in this Circular, and no other notary in the organization meets the conditions to mentor the trainee;
d) The trainee is a public employee of a notary office who has been transferred to another notary office;
dd) The trainee changes their residence to another province or centrally administered city and wishes to change their notarial apprenticeship organization or must change the accepting notarial apprenticeship organization as prescribed in points a, b, and c of this clause due to the non-existence of any other notarial apprenticeship organization in the locality meeting the conditions to accept a trainee.
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Thus, according to the above provisions, a notary apprentice who changes their residence to another province and wishes to change their notarial apprenticeship organization in this case will be facilitated to change their notarial apprenticeship organization as prescribed by law.
Can a notary apprentice change their notarial apprenticeship organization if they change their residence to another province in Vietnam?
How long is the notarial apprenticeship period in Vietnam?
According to Article 11 of the Law on Notarization 2014 regarding notarial apprenticeship, as follows:
Notarial apprenticeship
1. A person who holds a certificate of graduation from a notary training course or a certificate of completion of a notary profession refresher course must serve an apprenticeship at a notarial apprenticeship organization. The trainee may contact a notarial apprenticeship organization that meets the conditions for receiving trainees to arrange the apprenticeship there; if unable to do so, they may request the Justice Department of the locality where they want to intern to arrange an apprenticeship at a qualified notarial apprenticeship organization.
The trainee must register the apprenticeship with the Justice Department of the locality where the notarial apprenticeship organization accepting the trainees is located.
The notarial apprenticeship period is 12 months for those who hold a certificate of graduation from a notary training course and 6 months for those who hold a certificate of completion of a notary profession refresher course. The apprenticeship period is calculated from the date of apprenticeship registration.
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Thus, the notarial apprenticeship period is 12 months for those who hold a certificate of graduation from a notary training course and 6 months for those who hold a certificate of completion of a notary profession refresher course.
The notarial apprenticeship period is calculated from the date of apprenticeship registration as prescribed by law.
How many times does a notary apprentice have to be reminded before their apprenticeship is terminated?
Based on Article 30 of Circular 08/2023/TT-BTP regarding the handling of violations of the notarial apprenticeship, as follows:
Handling violations of the notarial apprenticeship
1. A trainee who violates the provisions of this Circular and has been reminded in writing by the notarial apprenticeship organization accepting the trainee at least three times but continues to violate will be recommended by the notarial apprenticeship organization to the Justice Department for consideration of termination of the notarial apprenticeship; if the notarial apprenticeship organization intentionally covers up and does not report to the Justice Department, the Justice Department shall conduct inspection and handle in accordance with the law.
2. A notary who refuses to mentor a trainee without a valid reason, violates the provisions of this Circular and relevant legal documents, shall, depending on the nature and severity of the violation, be subject to one of the forms of handling as prescribed by law.
3. A notarial apprenticeship organization listed as eligible to accept trainees but refuses to accept trainees without a valid reason, assigns a notary who does not meet the conditions to mentor a trainee, or violates other provisions of this Circular and related legal documents shall, depending on the nature and severity of the violation, be subject to the form of handling as prescribed by law.
Thus, a notary apprentice who has been reminded in writing at least three times but continues to violate will be recommended by the notarial apprenticeship organization to the Justice Department for consideration of termination of the notarial apprenticeship.
Note: If the notarial apprenticeship organization intentionally covers up and does not report to the Justice Department, the Justice Department shall conduct inspection and handle in accordance with the law.
Circular 08/2023/TT-BTP is effective from November 20, 2023.
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