In case of termination of notarial apprenticeship due to ineligibility for registration at the time of registration in Vietnam, when may the apprentice re-register?
In case of termination of notarial apprenticeship due to ineligibility for registration at the time of registration in Vietnam, when may the apprentice re-register?
Based on Article 10 of Circular 08/2023/TT-BTP regarding termination of the notarial apprenticeship and re-registration, the provisions are as follows:
Termination of the notarial apprenticeship and re-registration
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1. The apprenticeship shall be terminated when the apprentice is subject to one of the following cases:
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l) Falling under the case of ineligibility for notarial apprenticeship registration at the time of registration.
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3. A person whose notarial apprenticeship is terminated under the provisions of Clause 1 of this Article may be considered for re-registration of the apprenticeship if they meet the apprenticeship registration conditions under this Circular and in one of the following cases:
a) The reasons for the termination of the apprenticeship mentioned in points a, b, c, d, đ, and h Clause 1 of this Article no longer exist;
b) There has been a decision to suspend the investigation, the case has been suspended or a court's effective verdict declares innocence; the criminal record has been expunged, except in cases of deliberate crime convictions;
c) Completion of the administrative handling measures as prescribed by the law on administrative violations;
d) After a period of 02 years from the effective date of the decision by the Department of Justice to terminate the apprenticeship in cases specified in points k and l Clause 1 of this Article.
4. A person who fails to meet the requirements in three previous apprenticeship result examinations may be considered for re-registration of the apprenticeship if they meet the conditions for apprenticeship registration as stipulated in this Circular.
5. The procedures for apprenticeship contact, the application dossier, and procedures for re-registration of the apprenticeship shall be carried out as stipulated in Article 3 of this Circular.
6. The apprenticeship period before the termination shall not be counted towards the total apprenticeship period.
When the notarial apprenticeship is terminated due to ineligibility for registration at the time of registration, one must wait for a period of 02 years from the effective date of the decision by the Department of Justice to terminate the apprenticeship to be eligible for re-registration.
In case of termination of notarial apprenticeship due to ineligibility for registration at the time of registration in Vietnam, when may the apprentice re-register?
Is the notary apprentice required to keep the notarized content confidential?
According to Article 13 of Circular 08/2023/TT-BTP regarding the rights and obligations of apprentices, the specific provisions are as follows:
Rights and obligations of apprentices
1. apprentices have the following rights:
a) To be facilitated by the notarial practice organization to carry out the apprenticeship contents as specified in Article 6 of this Circular;
b) To be guided by the notary providing the apprenticeship guidance on the apprenticeship contents, and the execution of the apprentice's rights and obligations;
c) To change the guiding notary or change the apprenticeship venue as per the provisions in Articles 7 and 8 of this Circular;
d) To be recognized for completing the apprenticeship as per the provisions in Article 12 of this Circular;
dd) To register for participation in the notarial apprenticeship result examination as stipulated in Article 17 of this Circular;
e) Other rights as agreed with the notarial practice organization receiving the apprentice or as stipulated by law.
2. apprentices have the following obligations:
a) To comply with the regulations and rules of the notarial practice organization receiving the apprentice;
b) To strictly and fully perform tasks within the apprenticeship contents stipulated in Article 6 of this Circular as assigned by the supervising notary;
c) To ensure daily apprenticeship time according to the working days and hours of the notarial practice organization receiving the apprentice;
d) To be responsible to the supervising notary and the notarial practice organization for the results and progress of the assigned tasks;
dd) To keep confidential the information about notarized content and related information learned during the apprenticeship;
e) To maintain a notarial apprenticeship Diary, and report the apprenticeship results as stipulated in Article 11 of this Circular;
g) Other obligations as stipulated by the Law on Notarization, this Circular, relevant legislative documents, and as agreed with the notarial practice organization receiving the apprentice.
Thus, according to the above provisions, keeping confidential the information about notarized content and related information learned during the apprenticeship is one of the obligations of the notary apprentice.
What are the rights and obligations of the notary mentors in Vietnam?
Based on Article 14 of Circular 08/2023/TT-BTP regarding the rights and obligations of a notary mentor, the provisions are as follows:
- Guiding the apprentice in the contents of the apprenticeship as stipulated in Article 6 of Circular 08/2023/TT-BTP.
- Monitoring and checking the execution of tasks by the apprentice as assigned.
- Being responsible for the results and progress of the tasks that the apprentice performs under their assignment and guidance.
- Confirming the notarial apprenticeship Diary.
- Reviewing and evaluating the apprenticeship in the apprenticeship Result Report and being responsible for the accuracy, honesty, and objectivity in their confirmation, review, and evaluation.
- Other rights and obligations as stipulated by the Law on Notarization and Circular 08/2023/TT-BTP.
Circular 08/2023/TT-BTP shall take effect from November 20, 2023.
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