What are the rights and obligations of examinees participating in notarial apprenticeship examination in Vietnam?
What are the regulations on formats of notarial apprenticeship examination in Vietnam?
According to Article 16 of Circular 08/2023/TT-BTP, regulations on specific content and form of inspection are as follows:
Contents and formats of examination
1. Examination contents include:
a) Laws on notarization and authentication, Code of ethics of notarial practice and relevant regulations on notarization;
b) Performance of notarial skills and tasks as prescribed in Article 6 of this Circular.
2. Examination formats include:
a) The first part is a written test. The allotted time is 180 minutes.
b) The second part is a computer-based multiple-choice test; or a paper-based multiple-choice test if the computer-based examination is unavailable.
The Ministry of Justice shall decide and announce the format of the second test in the proposed examination plan.
Thus, according to the above regulations, examination formats include:
- The first part is a written test. The allotted time is 180 minutes.
- The second part is a computer-based multiple-choice test;
Or a paper-based multiple-choice test if the computer-based examination is unavailable.
The Ministry of Justice shall decide and announce the format of the second test in the proposed examination plan.
What are the rights and obligations of examinees participating in notarial apprenticeship examination in Vietnam?
What are the rights and obligations of examinees participating in notarial apprenticeship examination in Vietnam?
According to Article 23 of Circular 08/2023/TT-BTP, regulations on the rights and obligations of examinees participating in notarial apprenticeship examination are as follows:
- Take the examination at the announced time and location.
- Comply with the internal regulations of the examination and the decisions and announcements of the Examination Council; be subject to penalties for violations according to law and examination regulations.
- Be granted a notarial apprenticeship passing certificate in case they pass the examination.
- Other rights and obligations according to this Circular and other relevant legal documents.
Do apprentices have the right to terminate their apprenticeship in Vietnam?
Pursuant to Article 10 of Circular 08/2023/TT-BTP regulating the termination of notarial apprenticeship, re-registration of apprenticeship as follows:
Termination of notarial apprenticeship, re-registration of apprenticeship
1. The apprenticeship ends when the apprentice falls into one of the following cases:
a) The apprentice terminates their apprenticeship;
b) The apprentice is a/an official or public employee (except an public employee working for a public notary office), any commissioned officer, professional soldier, national defense worker in a People’s Army unit; any commissioned officer, non-commissioned officer, or worker in a People’s Public Security unit;
c) The apprentice 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 practice organization providing the apprenticeship;
d) The apprentice no longer permanently resides in Vietnam;
dd) The apprentice becomes incapacitated or has limited legal capacity or has limited cognition or behavior control;
e) The apprentice faces a criminal prosecution or is convicted of a crime under a legally effective judgment of the Court;
g) The apprentice is subject to an administrative sanction;
h) The apprentice failed to undertake the apprenticeship within 30 days from the effective date of the Department of Justice's apprenticeship registration decision;
i) The apprentice suspends the apprenticeship not in accordance with regulations; or suspends the apprenticeship more than the prescribed number of times, or fails to resume the apprenticeship after the apprenticeship suspension period expires;
k) The apprenticeship is terminated by the Department of Justice according to Clause 1, Article 30 of this Circular;
l) The apprentice is not eligible for registration of the notarial apprenticeship at the apprenticeship registration time.
2. Within 5 working days from the date the apprentice terminates his/her apprenticeship in the cases specified in Points a, b, c, d, dd, e, g, h, i and l, Clause 1 of this Article, the notarial apprenticeship organization must report in writing to the Department of Justice, clearly stating the reason for the apprentice's termination. Within 5 working days of receiving the report, the Department of Justice shall issue a decision on termination of the notarial apprenticeship (Form TP-TSCC-05) and then send a notice to the apprentice and the notarial apprenticeship organization.
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Accordingly, for notarial apprentices, if there is a need or there are force majeure cases, they are still allowed to terminate their apprenticeship according to the provisions of law.
Circular 08/2023/TT-BTP takes effect from November 20, 2023
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