How many warnings does a notary apprentice receive before having their apprenticeship terminated in Vietnam?
How many warnings does a notary apprentice receive before having their apprenticeship terminated in Vietnam?
According to Article 30 of Circular 08/2023/TT-BTP, which provides regulations on the handling of violations by notary apprentices, it is specified as follows:
Handling violations by notary apprentices
1. An apprentice who violates the provisions of this Circular and has been reminded and requested to correct in writing by the notary organization accepting the apprenticeship at least 03 times but continues to violate, the notary organization shall propose to the Department of Justice to consider terminating the apprenticeship; in cases where the notary organization deliberately covers up and does not report to the Department of Justice, the Department of Justice shall conduct inspection and handle according to the provisions of law.
2. A notary who refuses to guide the apprentice without justifiable reasons, violating the provisions of this Circular and related legal documents shall, depending on the nature and extent of the violation, be subject to one of the forms of handling as prescribed by law.
3. A notary organization named in the list eligible to accept apprentices but refuses to accept apprentices without justifiable reasons, appoints ineligible notaries to guide apprentices, or violates other provisions of this Circular and related legal documents shall, depending on the nature and extent of the violation, be subject to the form of handling as prescribed by law.
Thus, if a notary apprentice has been reminded and requested to correct in writing at least 03 times but continues to violate, the notary organization will propose to the Department of Justice to consider terminating the apprenticeship.
In cases where the notary organization deliberately covers up and does not report to the Department of Justice, the Department of Justice shall conduct inspection and handle according to the provisions of law.
How many warnings does a notary apprentice receive before their apprenticeship is terminated in Vietnam? (Image from the Internet)
Can a notary apprentice change their notarial apprenticeship organization if they relocate to another province in Vietnam?
According to Article 8 of Circular 08/2023/TT-BTP, which stipulates the change of apprenticeship location for notary apprentices, it is specified as follows:
Change of apprenticeship location for notary apprentices
1. An apprentice may change the apprenticeship location in the following cases:
a) The notary organization accepting the apprenticeship is temporarily suspended, terminated, converted, or dissolved according to the provisions of the Law on Notarization and related legal documents;
b) The notary organization accepting the apprenticeship no longer meets the conditions for accepting apprentices according to the provisions of the Law on Notarization;
c) The guiding notary falls under the category that requires changing according to the provisions of this Circular, and the notary organization no longer has another eligible notary to guide the apprenticeship;
d) Public employee of a Notary Office is transferred to another Notary Office;
dd) Changing the place of residence to another centrally governed province or city and wishes to change the apprenticeship location or is required to change the notary organization accepting the apprenticeship according to the provisions of points a, b, and c of this clause where the locality no longer has another notary organization eligible to accept apprentices.
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Thus, according to the above regulations, if a notary apprentice changes their place of residence to another province and wishes to change the apprenticeship location in such cases, they will be facilitated to change the apprenticeship location following the provisions of law.
How long is the notarial apprenticeship period in Vietnam?
According to Article 11 of the Law on Notarization 2014, which stipulates the apprenticeship period for notary practice, it is specified as follows:
Apprenticeship for notary practice
1. A person holding a certificate of graduation from a notary training course or a certificate of notary profession enhancement must serve an apprenticeship at a notary organization. The apprentice may contact a notary organization eligible to accept apprentices. If unable to contact one by themselves, they can request the local Department of Justice where they want to serve their apprenticeship to arrange an eligible notary organization for their apprenticeship.
The apprentice must register the apprenticeship with the Justice Department in the locality where the notary organization accepting the apprenticeship is located.
The apprenticeship period is 12 months for those holding a certificate of graduation from a notary training course and 06 months for those holding a certificate of notary profession enhancement. The apprenticeship period is counted from the date of apprenticeship registration.
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The apprenticeship period for notary practice is 12 months for those holding a certificate of graduation from a notary training course and 06 months for those holding a certificate of notary profession enhancement.
The apprenticeship period for notary practice is counted from the date of apprenticeship registration according to the provisions of law.
Circular 08/2023/TT-BTP takes effect from November 20, 2023.
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