Vietnam: Shall notary offices receiving apprentices take responsibility for the assignment of qualified notary mentors to instruct these apprentices?
- Shall notary offices receiving apprentices take responsibility for the assignment of qualified notary mentors to instruct these apprentices?
- Do notary mentors have the right to evaluate the apprenticeship in the Apprenticeship performance report of apprentices in Vietnam?
- What are the cases of change of notary mentors in the notary apprenticeship in Vietnam?
Shall notary offices receiving apprentices take responsibility for the assignment of qualified notary mentors to instruct these apprentices?
Under Article 15 of Circular 08/2023/TT-BTP on the rights and obligations of notarial apprenticeship organizations:
Rights and obligations of notarial apprenticeship organizations
1. 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.
2. Prepare, manage, and use notarial apprenticeship logbook of notarial practice organizations (Form TP-TSCC-09) each year.
The apprenticeship logbook must record the date of opening the book, the date of closing the book and be stamped as per the law.
3. Consider the notary mentor's refusal to instruct the apprentice, and the change of notary mentors.
4. 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
Under the above regulations, the notarial apprenticeship organizations receiving apprentices shall 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.
Thus, notary offices receiving apprentices in Vietnam shall assign qualified notary mentors to instruct apprentices and take responsibility for that assignment.
Do notary mentors have the right to evaluate the apprenticeship in the Apprenticeship performance report of apprentices in Vietnam?
Under Article 14 of Circular 08/2023/TT-BTP:
Rights and obligations of notary mentors
1. Mentor apprentices on the apprenticeship skills and tasks as prescribed in Article 6 of this Circular.
2. 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.
3. 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.
4. The rights and obligations according to the Law on Notarization and this Circular.
Under the above regulations, notary mentors have the right to 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.
Thus, notary mentors in Vietnam have the right to evaluate the apprenticeship in the Apprenticeship performance report and take responsibility for the accuracy, honesty, and objectivity in their certification and evaluation.
What are the cases of change of notary mentors in the notary apprenticeship in Vietnam?
Under Clause 1, Article 7, Circular 08/2023/TT-BTP:
Change of notary mentors
1. A notary mentor is changed if he/she falls into one of the following cases:
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.
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Thus, a notary mentor is changed if he/she falls into one of the following cases:
- He/she fails to perform the obligations specified in Article 14 of Circular 08/2023/TT-BTP;
- 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;
- He/she is temporarily suspended from practicing notary practice, dismissed as a notary, or no longer practices at a notarial apprenticeship organization;
- He/she is disciplined, administratively sanctioned in notary practice, or found ineligible to be a mentor at the time of accepting mentorship.
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