How long is the notarial apprenticeship period in Vietnam? What should apprentices do when they are rejected by notarial apprenticeship organizations?
How long is the notarial apprenticeship period in Vietnam?
The notarial apprenticeship period is prescribed in Clause 1, Article 5 of Circular 08/2023/TT-BTP as follows:
Notarial apprenticeship period
1. The notarial apprenticeship period (hereinafter abbreviated as the apprenticeship period) specified in Clause 1, Article 11 of the Notary Law is calculated from the effective date of the decision on registration of notarial apprenticeship.
2. If the apprentice changes notarial practice organizations under Article 8 of this Circular, the official apprenticeship period is the total time the apprentice was apprenticed at all of the notarial practice organizations.
Accordingly, the notarial apprenticeship period is prescribed in Clause 1, Article 11 of the Law on notarization 2014 as follows:
Notarial practice probation
1. Those who have been granted certificates of graduation from notary training courses or certificates of completion of notary re-training courses shall undergo a probationary period at a notarial practice organization. A probationer may directly contact a notarial practice organization qualified to admit probationers so as to join such organization on probation; if he/she cannot directly contact any notarial practice organization, he/she may request the provincial-level Justice Department of the locality where he/she wishes to undergo a probationary period to arrange his/her probation at a notarial practice organization qualified to admit probationers.
Probationers shall register their probation at the provincial-level Justice Departments of the localities where the notarial practice organizations which they join on probation are located.
The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course or 6 months for persons possessing a certificate of completion of a notary re-training course. The period of notarial practice probation shall be counted from the date of probation registration.
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The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course or 6 months for persons possessing a certificate of completion of a notary re-training course. The period of notarial practice probation shall be counted from the date of probation registration.
How long is the notarial apprenticeship period in Vietnam? What should apprentices do when they are rejected by notarial apprenticeship organizations? (Image from the Internet)
What should apprentices do when they are rejected by notarial apprenticeship organizations in Vietnam?
In Clause 4, Article 3, Circular 08/2023/TT-BTP stipulates the registration of notary practice trainees as follows:
Registration of notarial apprenticeship
1.. A list of qualified notarial apprenticeship organizations in a province or central-affiliated city (hereinafter referred to as province) shall be posted on the website of the Department of Justice of that province. A qualified person under the Law on Notarization shall apply for apprenticeship with a notarial practice organization on the list published by the Department of Justice for registration of notarial apprenticeship.
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4. If a qualified person is rejected although he/she has filed the application with at least 3 qualified notarial apprenticeship organizations in a province, or 1 qualified notarial apprenticeship organization in a province (if that province has up to 3 notarial apprenticeship organizations), he/she shall file the application with the Department of Justice for their designation.
Within 10 working days of receiving a valid and complete application, the Department of Justice shall designate the applicant to a specific notarial apprenticeship organization, and then 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 as that province does not have any qualified notarial apprenticeship organization, the Department of Justice shall provide a written explanation. The rejected applicant may reapply in another province.
Where necessary, the Department of Justice may verify if an application for registration of notarial apprenticeship was rejected in accordance with the Law on Notarization and this Circular; the verification time limit is 10 days and does not include the time for reviewing and designating a notarial apprenticeship organization to the applicant or registering apprenticeship.
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Accordingly, If a qualified person is rejected although he/she has filed the application with at least 3 qualified notarial apprenticeship organizations in a province, or 1 qualified notarial apprenticeship organization in a province (if that province has up to 3 notarial apprenticeship organizations), he/she shall file the application with the Department of Justice for their designation.
Within 10 working days of receiving a valid and complete application, the Department of Justice shall designate the applicant to a specific notarial apprenticeship organization, and then 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 as that province does not have any qualified notarial apprenticeship organization, the Department of Justice shall provide a written explanation. The rejected applicant may reapply in another province.
Where necessary, the Department of Justice may verify if an application for registration of notarial apprenticeship was rejected in accordance with the Law on Notarization and this Circular; the verification time limit is 10 days and does not include the time for reviewing and designating a notarial apprenticeship organization to the applicant or registering apprenticeship.
Vietnam: What are the cases in which registration of notarial apprenticeship is not eligible?
In Clause 5, Article 3, Circular 08/2023/TT-BTP stipulates cases in which registration of notarial apprenticeship is not eligible:
- 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.
Circular 08/2023/TT-BTP will take effect from November 20, 2022
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