How to apply for notarial apprenticeship in Vietnam before November 20, 2023?
How to apply for notarial apprenticeship in Vietnam before November 20, 2023?
Pursuant to Clause 3, Article 35 of Circular 08/2023/TT-BTP has the following regulations:
Transitional provisions
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3. People who are qualified for apprenticeship and have submitted an application for apprenticeship registration before the effective date of this Circular will have their apprenticeship and apprenticeship registration carried out in accordance with this Circular.
4. People who terminate their apprenticeship before the effective date of this Circular will be considered for re-registration of apprenticeship when they meet the requirements for apprenticeship registration according to this Circular.
Through the above regulations, people who are qualified for apprenticeship and have submitted an application for apprenticeship registration before November 20, 2023 will have their apprenticeship and apprenticeship registration carried out in accordance with Circular 08/2023/TT-BTP. Some contents related to notarization internships are as follows:
- The notary practice probationary period is calculated from the effective date of the decision to register for notarial apprenticeship.
+ The period of notarial apprenticeship is 12 months for persons possessing a certificate of graduation from a notary training course.
+ The period of notarial apprenticeship is 6 months for persons possessing a certificate of completion of a notary re-training course
- 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.
See details in Circular 08/2023/TT-BTP.
How to apply for notarial apprenticeship in Vietnam before November 20, 2023? (Image from the Internet)
What are the skills required in notarial apprenticeship in Vietnam?
According to the provisions of Article 6 of Circular 08/2023/TT-BTP, notary practice internship includes the following required skills:
- 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.
What are the obligations of an notarial apprentice in Vietnam?
Pursuant to the provisions of Article 13 of Circular 08/2023/TT-BTP, an apprentice has the following obligations:
- Comply with the rules and regulations of the notarial apprenticeship organization;
- Completely and diligently perform the apprenticeship tasks as specified in Article 6 of Circular 08/2023/TT-BTP as assigned by the notary mentor;
- Ensure daily apprenticeship time according to the working days and hours of the notarial apprenticeship organization;
- Be responsible to the notary mentor and the notarial apprenticeship organization for the performance and progress of the assigned tasks;
- Maintain confidentiality of notarial wording and related information that he/she knows during the apprenticeship process;
- Keep an Apprenticeship journal and Apprenticeship performance report according to Article 11 of Circular 08/2023/TT-BTP;
- Other obligations according to the Law on Notarization, this Circular and relevant legal documents and as agreed with the notarial apprenticeship organization.
Circular 08/2023/TT-BTP takes effect from November 20, 2023
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