From November 20, 2023, what are the cases where apprentices may change their notarial apprenticeship organization in Vietnam?
From November 20, 2023, what are the cases where apprentices may change their notarial apprenticeship organization in Vietnam?
Pursuant to the provisions of Clause 1, Article 8, Circular 08/2023/TT-BTP regulations on changing the place of probation for notary practice as follows:
Change of notarial apprenticeship organizations
1. An apprentice may change their notarial apprenticeship organization in any of the following:
a) The notarial apprenticeship organization is suspended, ceases operation, is dissolved, or is converted into another type of business entity under the Law on Notarization and other relevant laws;
b) The notarial apprenticeship organization is no longer eligible for apprenticeship according to the Law on Notarization;
c) The notary mentor must be changed according to this Circular and the notarial practice organization no longer has other notaries qualified to mentor the apprentice;
d) The apprentice is an officer of a public notary office who is transferred to another public notary office;
dd) The apprentice changes their place of residence to another province and seeks to change the notarial apprenticeship organization, or falls into the cases in Points a and b and c in this clause but there is no more qualified notarial apprenticeship organization in their province.
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Thus, from November 20, 2023, an apprentice may change their notarial apprenticeship organization in any of the following:
- The notarial apprenticeship organization is suspended, ceases operation, is dissolved, or is converted into another type of business entity under the Law on Notarization and other relevant laws;
- The notarial apprenticeship organization is no longer eligible for apprenticeship according to the Law on Notarization;
- The notary mentor must be changed according to this Circular and the notarial practice organization no longer has other notaries qualified to mentor the apprentice;
- The apprentice is an officer of a public notary office who is transferred to another public notary office;
- The apprentice changes their place of residence to another province and seeks to change the notarial apprenticeship organization, or falls into the cases in Points a and b and c in this clause but there is no more qualified notarial apprenticeship organization in their province.
From November 20, 2023, what are the cases where apprentices may change their notarial apprenticeship organization in Vietnam? (Image from the Internet)
How long is the notarial apprenticeship period in Vietnam?
Pursuant to the provisions of Article 5 of Circular 08/2023/TT-BTP effective from November 20, 2023, regulations on probationary period for notary practice are as follows:
Notarial apprenticeship period
1. The notarial apprenticeship period (hereinafter abbreviated as the apprenticeship period) specified in Clause 1, Article 11 of the Notary Law is calculated from the effective date of the decision on registration of notarial apprenticeship.
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Pursuant to the provisions of Clause 1, Article 11 of the Law on Notarization 2014, regulations on notarial apprenticeship are as follows:
Notarial practice probation
1. Those who have been granted certificates of graduation from notary training courses or certificates of completion of notary re-training courses shall undergo a probationary period at a notarial practice organization. A probationer may directly contact a notarial practice organization qualified to admit probationers so as to join such organization on probation; if he/she cannot directly contact any notarial practice organization, he/she may request the provincial-level Justice Department of the locality where he/she wishes to undergo a probationary period to arrange his/her probation at a notarial practice organization qualified to admit probationers.
Probationers shall register their probation at the provincial-level Justice Departments of the localities where the notarial practice organizations which they join on probation are located.
The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course or 6 months for persons possessing a certificate of completion of a notary re-training course. The period of notarial practice probation shall be counted from the date of probation registration.
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Thus, the notarial apprenticeship period is regulated into two cases as follows:
- 12 months for persons possessing a certificate of graduation from a notary training course.
- 6 months for persons possessing a certificate of completion of a notary re-training course.
How many times may apprentices suspend their notarial apprenticeship in Vietnam?
Pursuant to the provisions of Clause 3, Article 9 of Circular 08/2023/TT-BTP regulating the temporary suspension of notary practice internship 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.
Thus, apprentices may temporarily suspend their apprenticeship in the following two different cases:
- 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.
Circular 08/2023/TT-BTP will take effect from November 20, 2023
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