From November 20, 2023, what is the content of the notarial apprenticeship in Vietnam? What are the cases of change of notarial apprenticeship organizations?
From November 20, 2023, what is the content of the notarial apprenticeship in Vietnam?
Pursuant to Article 6 of Circular 08/2023/TT-BTP stipulating that from November 20, 2023, skills in notarial apprenticeship include:
- 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.
From November 20, 2023, what is the content of the notarial apprenticeship in Vietnam? What are the cases of change of notarial apprenticeship organizations?
What are the cases of change of notarial apprenticeship organizations in Vietnam?
According to Article 8 of Circular 08/2023/TT-BTP, it is stipulated that 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.
What are the conditions for apprentice to be recognized as completing their notarial apprenticeship in Vietnam?
Pursuant to Article 12 of Circular 08/2023/TT-BTP regulating the notarial apprenticeship completion specifically as follows:
Notarial apprenticeship completion
1. Within 15 days from the end of the apprenticeship period, the apprentice must submit an application for recognition of completion of the apprenticeship, accompanied by the Apprenticeship performance report and Apprenticeship journal (certified copy or copy attached with the original for comparison) to the Department of Justice where the apprentice is registered. Within 10 days from the date of receipt of the application, the Department of Justice shall issue a decision to recognize the completion of the notarial apprenticeship (Form TP-TSCC-08); in case of refusal, a written response must be provided clearly stating the reason.
2. An apprentice is recognized as completing their notarial apprenticeship when they meet the following requirements:
a) The apprentice meets the apprenticeship requirements and does not fall into the cases in which apprenticeship registration is not permitted;
b) The notary mentor is qualified to mentor the apprentice and is not subject to change during the mentorship process;
c) The apprentice completes the apprenticeship period; submits an Apprenticeship performance report and an Apprenticeship journal on time; meets the requirements specified in this Circular and the attached forms; and fully performs other obligations of an apprentice.
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Accordingly, an apprentice is recognized as completing their notarial apprenticeship when they meet the following requirements:
- The apprentice meets the apprenticeship requirements and does not fall into the cases in which apprenticeship registration is not permitted;
- The notary mentor is qualified to mentor the apprentice and is not subject to change during the mentorship process;
- The apprentice completes the apprenticeship period; submits an Apprenticeship performance report and an Apprenticeship journal on time; meets the requirements specified in this Circular and the attached forms; and fully performs other obligations of an apprentice.
Circular 08/2023/TT-BTP will take effect from November 20, 2023
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