May Notaries Refuse to Mentor Apprentices? What Are the Procedures for Replacing Mentoring Notaries?
Can a Notary Refuse to Guide a Probationer?
Based on the provisions at Article 11 Circular 04/2015/TT-BTP on guiding probation practice for notaries, the regulations are as follows:
Refusal to Guide Probation
1. A notary may refuse to guide probation in cases where the notary does not meet the conditions for guiding probation as stipulated in Clause 3, Article 11 of the Notarization Law or for other legitimate reasons.
2. A notary who refuses to guide probation under the provision in Clause 1 of this Article must notify the notarial practice organization that accepted the probationer in writing. The notarial practice organization that accepted the probationer must assign another notary who meets the conditions to guide the probationer. In cases where the notarial practice organization does not have another notary who meets the conditions to guide the probationer, it must notify the Department of Justice in writing. Within 7 working days from the date of receiving the notice from the notarial practice organization, the Department of Justice is responsible for appointing another notarial practice organization to accept the probationer and appoint a notary to guide the probation.
Referencing Clause 3, Article 11 of the Notarization Law 2014 which stipulates:
Notary Practice Probation
...
3. The notarial practice organization assigns a notary to guide the probationer.
The notary guiding the probation must have at least 2 years of experience in notarial practice. A notary who has been disciplined or administratively sanctioned in notarial practice activities may only guide probation after 12 months from the date of completion of the disciplinary decision or administrative sanction decision. At any given time, a notary may not guide more than two probationers.
The notary guiding the probation must instruct and be responsible for the tasks performed by the probationer as stipulated in Clause 4 of this Article.
Therefore, if a notary does not meet the conditions to guide probation as stipulated in Clause 3, Article 11 of the Notarization Law 2014 or for other legitimate reasons, they may refuse to guide probation.
In the case of refusal to guide probation, the notary must notify the notarial practice organization that accepted the probationer in writing.
Can a Notary Refuse to Guide a Probationer? Procedures for changing the notary who guides probation? (Image from the Internet)
What are the Procedures for Changing the Notary Who Guides Probation?
Based on Clause 2, Article 12 Circular 04/2015/TT-BTP and Clause 3, Article 12 Circular 04/2015/TT-BTP, the procedures for changing the notary who guides probation are as follows:
- When the probationer requests a change of the notary guiding probation, the notarial practice organization must assign another notary who meets the conditions to continue guiding the probationer and notify the Department of Justice in writing.
In cases where the notarial practice organization does not have another notary who meets the conditions to guide probation, it must notify the Department of Justice in writing.
Within 7 working days from the date of receiving the notice from the notarial practice organization, the Department of Justice is responsible for appointing another notarial practice organization to accept the probationer and appoint a notary to guide probation.
- In cases where the notarial practice organization that accepted the probationer temporarily suspends operations, ceases operations, or undergoes transformation, dissolution according to the provisions of the Notarization Law and guiding documents, the probationer must negotiate with another notarial practice organization to continue probation;
In cases where no agreement is reached, the probationer must request the Department of Justice to appoint another notarial practice organization for probation. Within 7 working days from the date of receiving the probationer's request, the Department of Justice is responsible for appointing another notarial practice organization to accept the probationer and appoint a notary to guide probation.
What are the Rights and Obligations of the Notary Probationer?
Based on Article 9 Circular 04/2015/TT-BTP stipulating the rights and obligations of the probationer as follows:
Probationers have the following rights:
- To be facilitated by the notarial practice organization that accepted them in implementing the probation content as stipulated in Article 7 Circular 04/2015/TT-BTP; to receive remuneration as agreed with the notarial practice organization that accepted them;
- To be guided by the notary guiding probation on the probation content, the implementation of the rights and duties of the probationer;
- To request a change of the notary guiding probation in cases stipulated in Article 12 Circular 04/2015/TT-BTP;
- To register for the examination of probation results in notarial practice according to the provisions of Article 16 Circular 04/2015/TT-BTP;
- Other rights as agreed with the notarial practice organization that accepted them or as prescribed by law.
Probationers have the following obligations:
- To comply with the provisions of the Notarization Law and relevant legal documents;
- To adhere to the rules and regulations of the notarial practice organization that accepted them;
- To implement the tasks within the probation content stipulated in Article 7 Circular 04/2015/TT-BTP as assigned by the notary guiding probation;
- To be responsible to the notary guiding probation and the notarial practice organization that accepted them for the results and progress of the tasks assigned;
- To submit a Report on the results of notarial practice probation according to the provisions of Article 8 Circular 04/2015/TT-BTP
- To maintain confidentiality of information about the notarization content and related information that they became aware of during the probation period;
- Other obligations as agreed with the notarial practice organization that accepted them or as prescribed by law.
LawNet