Is there a new Circular on notarial apprenticeship? What are the cases where a person is not eligible to register for a notary apprenticeship in Vietnam?
- Is there a new Circular on notarial apprenticeship? What is the application for registration of notarial apprenticeship in Vietnam?
- What are the cases where a person is not eligible to register for a notary apprenticeship in Vietnam?
- What are the regulations on refusal to mentor apprentices in Vietnam in the latest Circular?
Is there a new Circular on notarial apprenticeship? What is the application for registration of notarial apprenticeship in Vietnam?
On October 2, 2023, the Ministry of Justice issued Circular 08/2023/TT-BTP on guidelines for notary practice trainees.
Accordingly, in Clause 2, Article 3, Circular 08/2023/TT-BTP stipulates that an application for registration of notarial apprenticeship includes:
- An application form for registration of notarial apprenticeship (Form No. TP-TSCC-01a or TP-TSCC-01b);
- Certificate of completion of notary training course, or certificate of completion of notary re-training course, or a certificate of recognition of equivalence if the applicant has completed an overseas notary training course (a certified copy or a copy with original for comparison).
The above-mentioned notarial apprenticeship organization shall assign a notary who is qualified to mentor the apprentice and certify the foregoing application form for registration of notarial apprenticeship. If the application is rejected, the reason must be explained in the application form or in a separate document.
The admitted applicant shall submit an application for registration of notarial apprenticeship in person, by post, or via online public administration center, to the Department of Justice of province where the said notarial apprenticeship organization is located.
Within 7 working days of receiving a valid and complete application, the Department of Justice shall issue and send a decision on registration of notarial apprenticeship (Form No. TP-TSCC-02) to the applicant and the notarial apprenticeship organization.
If the application is rejected, a written explanation shall be provided.
Is there a new Circular on notarial apprenticeship? What are the cases where a person is not eligible to register for a notary apprenticeship in Vietnam? (Image from the Internet)
What are the cases where a person is not eligible to register for a notary apprenticeship in Vietnam?
In what cases is it not possible to register for a notary practice internship according to the latest Circular?
In Clause 5, Article 3, Circular 08/2023/TT-BTP stipulates that any person mentioned below is not eligible to register for a notary apprenticeship:
- A person who faces a criminal prosecution, or has been convicted of a crime under a legally effective judgment of the Court for an unintentional crime whose criminal record has not yet been expunged, or for an intentional crime;
- A person who is subject to an administrative sanction as per law on administrative sanctions;
- A person who is incapacitated or has limited legal capacity or has limited cognition or behavior control;
- An official or public employee (except an public employee working for a public notary office); a commissioned officer, professional soldier, national defense worker in a People’s Army unit; a commissioned officer, non-commissioned officer, or worker in a People’s Public Security unit;
- An official who is disciplined in the form of dismissal; a public employee who is disciplined in the form of removal; a commissioned officer, professional soldier, or worker in a People’s Army unit or People’s Public Security unit who is disciplined in the form of being stripped of their soldier title, People's Public Security title, or removed from the military or public security;
- A person who is working under an employment contract for an agency, organization, or enterprise, unless that person is working under an employment contract for a notarial practice organization that he/she is serving the apprenticeship or that person signed an employment contract with an agency, organization, or enterprise with working hours that do not coincide with the working hours of the notarial apprenticeship organization.
What are the regulations on refusal to mentor apprentices in Vietnam in the latest Circular?
In Article 4 of Circular 08/2023/TT-BTP, regulations on refusal of probationary guidance are as follows:
- Notaries assigned to mentor apprentices must refuse in case they do not meet the requirements for mentoring apprentices according to the Law on Notarization or have other legitimate reasons and must notify the notarial apprenticeship organization in writing within 3 working days from the date of assignment.
-. Within 3 working days of receiving the notary's notice of refusal to mentor the apprentice, the notarial practice organization shall consider assigning another qualified notary to mentor the apprentice or report in writing to the Department of Justice if they do not have any qualified notary.
Within 7 working days of receiving such a notice from the notarial practice organization, the Department of Justice shall designate another notarial apprenticeship organization. In case there is no qualified notarial apprenticeship organization, the Department of Justice shall provide a written notice clearly stating the reason for the applicant.
Circular 08/2023/TT-BTP will take effect from November 20, 2023
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