Will a notarial practice organization in Vietnam that is qualified refuses to admit apprentices without a legitimate reason face sanctions?
- Will a notarial practice organization in Vietnam that is qualified refuses to admit apprentices without a legitimate reason face sanctions?
- What are the penalties imposed upon a notarial practice organization in Vietnam that is qualified but refuses to admit apprentices without a legitimate reason?
- What are the rights and obligations of notarial apprenticeship organizations in Vietnam?
Will a notarial practice organization in Vietnam that is qualified refuses to admit apprentices without a legitimate reason face sanctions?
Pursuant to Clause 3, Article 30 of Circular 08/2023/TT-BTP stipulating handling of violations in notarial apprenticeship:
Actions against violations in notarial apprenticeship
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3. If a notarial practice organization whose name is on the list of qualified apprenticeship organizations refuses to admit apprentices without a legitimate reason, or it appoints unqualified notary mentors to instruct apprentices, or it violates other regulations of this Circular and other relevant legal documents, it shall, depending on the nature and severity of the violation, face sanctions as per the law.
According to the above regulations, a notary practice organization that is on the list of eligible trainees and refuses to accept trainees without a legitimate reason shall be subject to sanctions according to the provisions of law.
Will a notarial practice organization in Vietnam that is qualified refuses to admit apprentices without a legitimate reason face sanctions?
What are the penalties imposed upon a notarial practice organization in Vietnam that is qualified but refuses to admit apprentices without a legitimate reason?
Pursuant to Clause 1, Article 16 of Decree 82/2020/ND-CP stipulating penalties for violations of regulations on operations of notary practice organizations:
Acts of violating regulations on operations of notary practice organizations
1. Fine from 3,000,000 VND to 7,000,000 VND for one of the following acts:
a) Failure to post or incompletely posting the working schedule; notarization procedures; Rules for receiving notarization requesters; Notary fees, notary fees, other costs; list of interpreter collaborators at the headquarters of the notary practice organization;
b) Posting the operation registration content on the newspaper not on time or with incomplete content or not the right number of times as prescribed;
c) Improperly or incompletely implementing the reporting regime; inaccurate reporting on the organizational situation and operations of the notary practice organization;
d) Creating, managing, and using books in notary activities or using forms in contravention of regulations;
d) Storing notarization documents in accordance with regulations;
e) Using a sign with the wrong model or the content of the sign does not match the operating registration certificate;
g) Assigning notaries to instruct trainees in contravention of regulations;
h) Refusing to accept notary trainees appointed by the Department of Justice without a legitimate reason;
i) Refusal to accept custody of the will without a legitimate reason;
k) Failure to maintain compliance with the conditions for the headquarters of the notary practice organization as prescribed;
l) Not affixing the notary organization's stamp on a notarized document that already has the notary's signature or not affixing overlapping stamps between sheets for a notarized document with 02 or more sheets;
m) Failure to purchase continuous professional liability insurance for your organization's notaries;
n) Not creating conditions for your organization's notaries to participate in annual notary professional training.
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Thus, a notary practice organization that refuses to admit apprentices without a legitimate reason shall be fined from 3,000,000 VND to 7,000,000 VND.
What are the rights and obligations of notarial apprenticeship organizations in Vietnam?
Pursuant to Article 15 of Circular 08/2023/TT-BTP regulating the rights and obligations of notarial apprenticeship organizations as follows:
- Assign qualified notary mentors to instruct apprentices and take responsibility for that assignment; monitor and promptly address cases where notary mentors or apprentices are no longer qualified.
- Prepare, manage, and use notarial apprenticeship logbook of notarial practice organizations (Form TP-TSCC-09) each year.
- Consider the notary mentor's refusal to instruct the apprentice, and the change of notary mentors.
- Manage apprentices during their apprenticeship at their organization; monitor and supervise the performance of notary mentors; ensure the performance of rights and obligations of apprentices
- Report to the Department of Justice on the admission and mentorship of apprentices at their organization on an annual basis. The annual reporting period is from January 1 to December 31 of each year. Within 15 days from the end of the year, notarial apprenticeship organizations must send reports to the Department of Justice.
- Other rights and obligations as agreed with apprentices, according to the Law on Notarization and relevant legal documents.
Circular 08/2023/TT-BTP will take effect from November 20, 2023
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