Vietnam: What are the cases where a person is not eligible to register for a notarial apprenticeship from November 20, 2023?
What are the cases where a person is not eligible to register for a notarial apprenticeship in Vietnam from November 20, 2023?
In Clause 5, Article 3, Circular 08/2023/TT-BTP stipulates cases where a person is not eligible to register for a notarial apprenticeship, including:
Registration of notarial apprenticeship
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5. Any person mentioned below is not eligible to register for a notary apprenticeship:
a) A person who faces a criminal prosecution, or has been convicted of a crime under a legally effective judgment of the Court for an unintentional crime whose criminal record has not yet been expunged, or for an intentional crime;
b) A person who is subject to an administrative sanction as per law on administrative sanctions;
c) A person who is incapacitated or has limited legal capacity or has limited cognition or behavior control;
d) An official or public employee (except an public employee working for a public notary office); a commissioned officer, professional soldier, national defense worker in a People’s Army unit; a commissioned officer, non-commissioned officer, or worker in a People’s Public Security unit;
dd) An official who is disciplined in the form of dismissal; a public employee who is disciplined in the form of removal; a commissioned officer, professional soldier, or worker in a People’s Army unit or People’s Public Security unit who is disciplined in the form of being stripped of their soldier title, People's Public Security title, or removed from the military or public security;
e) A person who 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 apprenticeship organization.
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According to current regulations, cases that are not allowed to register as a notary practice trainee are specified in Clause 2, Article 2 of Circular 04/2015/TT-BTP including:
Registration of notarial apprenticeship
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2. Any person mentioned below is not eligible to register for a notary apprenticeship:
a) Belonging to ineligible cases for appointment as notaries according to the provisions of Article 13 of the Law on Notarization;
b) People who are officials, public employees (except officials working at the Notary Public), officers, professional soldiers, defense workers in agencies and units of the People's Army; officers, non-commissioned officers, and workers in agencies and units of the People's Public Security.
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Accordingly, Circular 08/2023/TT-BTP takes effect from November 20, 2023. Therefore, from November 20, 2023, additional cases are not allowed to register for notary practice internship: A person who 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 apprenticeship organization at Point e, Clause 5, Article 3 of Circular 08/2023/TT-BTP.
What are the cases where a person is not eligible to register for a notarial apprenticeship in Vietnam from November 20, 2023?
What is the application for registration of notarial apprenticeship in Vietnam?
Accordingly, Clause 2, Article 3, Circular 08/2023/TT-BTP stipulates application for registration of notarial apprenticeship:
- An application form for registration of notarial apprenticeship (Form No. TP-TSCC-01a or TP-TSCC-01b);
- Certificate of completion of notary training course, or certificate of completion of notary re-training course, or a certificate of recognition of equivalence if the applicant has completed an overseas notary training course (a certified copy or a copy with original for comparison).
The above-mentioned notarial apprenticeship organization shall assign a notary who is qualified to mentor the apprentice and certify the foregoing application form for registration of notarial apprenticeship. If the application is rejected, the reason must be explained in the application form or in a separate document.
The admitted applicant shall submit an application for registration of notarial apprenticeship as specified in clause 2 of this Article, in person, by post, or via online public administration center, to the Department of Justice of province where the said notarial apprenticeship organization is located. Within 7 working days of receiving a valid and complete application, the Department of Justice shall 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, a written explanation shall be provided.
What are the regulations on the notarial apprenticeship period in Vietnam?
The probationary period for notary practice is prescribed in Clause 1, Article 5 of Circular 08/2023/TT-BTP as follows:
Notarial apprenticeship period
1. The notarial apprenticeship period (hereinafter abbreviated as the apprenticeship period) specified in Clause 1, Article 11 of the Notary Law is calculated from the effective date of the decision on registration of notarial apprenticeship.
2. If the apprentice changes notarial practice organizations under Article 8 of this Circular, the official apprenticeship period is the total time the apprentice was apprenticed at all of the notarial practice organizations.
Accordingly, the probationary period for notary practice is prescribed in Clause 1, Article 11 of the Law on notarization 2014 as follows:
Notarial practice probation
1. Those who have been granted certificates of graduation from notary training courses or certificates of completion of notary re-training courses shall undergo a probationary period at a notarial practice organization. A probationer may directly contact a notarial practice organization qualified to admit probationers so as to join such organization on probation; if he/she cannot directly contact any notarial practice organization, he/she may request the provincial-level Justice Department of the locality where he/she wishes to undergo a probationary period to arrange his/her probation at a notarial practice organization qualified to admit probationers.
Probationers shall register their probation at the provincial-level Justice Departments of the localities where the notarial practice organizations which they join on probation are located.
The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course or 6 months for persons possessing a certificate of completion of a notary re-training course. The period of notarial practice probation shall be counted from the date of probation registration.
2. Notarial practice organizations admitting probationers must have notaries satisfying the conditions on probationer tutoring prescribed in Clause 3 of this Article and have physical foundations to ensure the probation.
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The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course or 6 months for persons possessing a certificate of completion of a notary re-training course. The period of notarial practice probation shall be counted from the date of probation registration.
Circular 08/2023/TT-BTP will take effect from November 20, 2023
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