What are the regulations on refusal to mentor apprentices in Vietnam from November 20, 2023?
What are the regulations on refusal to mentor apprentices in Vietnam in the latest Circular?
In Article 4 of Circular 08/2023/TT-BTP, regulations on refusal to mentor apprentices are as follows:
- Notaries assigned to mentor apprentices must refuse in case they do not meet the requirements for mentoring apprentices according to the Law on Notarization or have other legitimate reasons and must notify the notarial apprenticeship organization in writing within 3 working days from the date of assignment.
- Within 3 working days of receiving the notary's notice of refusal to mentor the apprentice, the notarial practice organization shall consider assigning another qualified notary to mentor the apprentice or report in writing to the Department of Justice if they do not have any qualified notary.
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 applicant.
Accordingly, when not meeting the conditions or having a legitimate reason, the notaries may refuse to mentor apprentices.
What are the regulations on refusal to mentor apprentices in Vietnam from November 20, 2023? (Image from the Internet)
Vietnam: What should apprentices do if their registrations of notarial apprenticeship are rejected?
In Clause 4, Article 3, Circular 08/2023/TT-BTP stipulates the registrations of notarial apprenticeship 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.
How many times may apprentices suspend their apprenticeship in Vietnam?
Pursuant to the provisions of Clause 3, Article 9 of Circular 08/2023/TT-BTP regulating the temporary suspension of notary practice internship as follows:
Suspension of notarial apprenticeship
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3. Apprentices with a 12-month apprenticeship period may suspend their apprenticeship up to two times for a maximum of six months each time. Apprentices with a 6-month apprenticeship period may suspend their apprenticeship up to two times for a maximum of three months each time.
Thus, apprentices may suspend their apprenticeship in the following two different cases:
- Apprentices with a 12-month apprenticeship period may suspend their apprenticeship up to two times for a maximum of six months each time.
- Apprentices with a 6-month apprenticeship period may suspend their apprenticeship up to two times for a maximum of three months each time.
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