What are the cases where a person is not eligible to register for a notarial apprenticeship in Vietnam from November 20, 2023? How long is the period of notarial apprenticeship?
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 of Circular 08/2023/TT-BTP, there are regulations on 06 cases where a person is not eligible to register for a notarial apprenticeship:
- 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;
- A person who is subject to an administrative sanction as per law on administrative sanctions;
- A person who is incapacitated or has limited legal capacity or has limited cognition or behavior control;
- 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;
- 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;
- 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.
What are the cases where a person is not eligible to register for a notarial apprenticeship in Vietnam from November 20, 2023? How long is the period of notarial apprenticeship?
How long is the period of notarial apprenticeship in Vietnam?
In Article 11 of the Law on notarization 2014, there are regulations on period of notarial apprenticeship 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.
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Thus, the duration of notarial apprenticeship is:
- The period of notarial practice probation is 12 months for persons possessing a certificate of graduation from a notary training course.
- The period of notarial practice probation is 6 months for persons possessing a certificate of completion of a notary re-training course
What are the conditions for recognition of notarial apprenticeship completion in Vietnam?
In Article 12 of Circular 08/2023/TT-BTP, there are regulations on completing the notary practice internship as follows:
Notarial apprenticeship completion
1. Within 15 days from the end of the apprenticeship period, the apprentice must submit an application for recognition of completion of the apprenticeship, accompanied by the Apprenticeship performance report and Apprenticeship journal (certified copy or copy attached with the original for comparison) to the Department of Justice where the apprentice is registered. Within 10 days from the date of receipt of the application, the Department of Justice shall issue a decision to recognize the completion of the notarial apprenticeship (Form TP-TSCC-08); in case of refusal, a written response must be provided clearly stating the reason.
2. An apprentice is recognized as completing their notarial apprenticeship when they meet the following requirements:
a) The apprentice meets the apprenticeship requirements and does not fall into the cases in which apprenticeship registration is not permitted;
b) The notary mentor is qualified to mentor the apprentice and is not subject to change during the mentorship process;
c) The apprentice completes the apprenticeship period; submits an Apprenticeship performance report and an Apprenticeship journal on time; meets the requirements specified in this Circular and the attached forms; and fully performs other obligations of an apprentice.
3. If a person is recognized for completing an apprenticeship and is later found ineligible, the Department of Justice shall cancel the recognition. A person whose apprenticeship performance is canceled may re-register for apprenticeship if they meet the apprenticeship requirements specified in this Circular.
Thus, an apprentice is recognized as completing their notarial apprenticeship when they meet the following requirements:
- The apprentice meets the apprenticeship requirements and does not fall into the cases in which apprenticeship registration is not permitted;
- The notary mentor is qualified to mentor the apprentice and is not subject to change during the mentorship process;
- The apprentice completes the apprenticeship period; submits an Apprenticeship performance report and an Apprenticeship journal on time; meets the requirements specified in this Circular and the attached forms; and fully performs other obligations of an apprentice.
Circular 08/2023/TT-BTP will take effect from November 20, 2023
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