Vietnam: How will the change of notary mentors be implemented from November 20, 2023?
What are the regulations on management of notarial apprenticeship examination in Vietnam according to the latest Circular?
In Article 25 of Circular 08/2023/TT-BTP, regulations on test management are as follows:
- Examination scripts must be sealed immediately after the end of the examination; answer sheet headings and examination marks must be sealed at the end of each working day and immediately after finishing giving codes, cutting off, and matching of answer sheet headings, marking written test scripts, and recording examination marks.
- Examination scripts and examination results are kept at the Ministry of Justice for a period of 3 years from the examination date. Examination registration documents are kept for a period of 1 year from the examination date.
- At the end of the time specified in Clause 2 of this Article, the Minister of Justice shall invalidate the kept examination scripts, examination results, and examination registration documents.
Vietnam: How will the change of notary mentors be implemented from November 20, 2023? (Picture from internet)
Vietnam: How will the change of notary mentors be implemented from November 20, 2023?
Article 7 of Circular 08/2023/TT-BTP stipulates the change of notary notaries instructing trainees as follows:
Change of notary mentors
1. A notary mentor is changed if he/she falls into one of the following:
a) He/she fails to perform the obligations specified in Article 14 of this Circular;
b) He/she dies, becomes incapacitated, has limited legal capacity, has limited cognition or behavior control, or has another legitimate reason for discontinuing mentorship of the apprentice;
c) He/she is temporarily suspended from practicing notary practice, dismissed as a notary, or no longer practices at a notarial apprenticeship organization;
d) He/she is disciplined, administratively sanctioned in notary practice, or found ineligible to be a mentor at the time of accepting mentorship.
2. Within 5 working days of a notary mentor falling into a case specified in Clause 1 of this Article, the notarial apprenticeship organization must assign another qualified notary to continue the mentorship and notify the Department of Justice in writing. If there are no more notaries qualified to mentor the apprentice, the notarial practice organization must notify the Department of Justice in writing.
Within 7 working days of receiving such a notice from the notarial practice organization, the Department of Justice shall designate another notarial apprenticeship organization. In case there is no qualified notarial apprenticeship organization, the Department of Justice shall provide a written notice clearly stating the reason for the apprentice. An apprentice has the right to transfer to a notarial apprenticeship organization in another province to continue their apprenticeship.
Accordingly, the change of notary notary instructor is carried out as follows:
- Within 5 working days of a notary mentor falling into a case specified in Clause 1 of this Article, the notarial apprenticeship organization must assign another qualified notary to continue the mentorship and notify the Department of Justice in writing.
If there are no more notaries qualified to mentor the apprentice, the notarial practice organization must notify the Department of Justice in writing.
- Within 7 working days of receiving such a notice from the notarial practice organization, the Department of Justice shall designate another notarial apprenticeship organization. In case there is no qualified notarial apprenticeship organization, the Department of Justice shall provide a written notice clearly stating the reason for the apprentice.
An apprentice has the right to transfer to a notarial apprenticeship organization in another province to continue their apprenticeship.
What are the rights and obligations of notary mentors in Vietnam?
Rights and obligations of notary mentors are specified in Article 14 of Circular 08/2023/TT-BTP:
- Mentor apprentices on the apprenticeship skills and tasks as prescribed in Article 6 of this Circular.
- Monitor and assess the performance of the apprentice they mentor; take responsibility for the performance and progress of the tasks that their apprentice has done according to their assignment and mentorship.
- Make a certification in the Apprenticeship journal; comment and evaluate the apprenticeship in the Apprenticeship performance report and take responsibility for the accuracy, honesty, and objectivity in their certification and evaluation.
- The rights and obligations according to the Law on Notarization and this Circular.
Circular 08/2023/TT-BTP will take effect from November 20, 2023
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