What are the procedures for change of notary mentors in Vietnam from November 20, 2023?
To supplement cases of change of notary trainee guide in Vietnam from November 20, 2023?
Clause 1, Article 7, Circular 08/2023/TT-BTP regulates cases of changing notary notaries instructing trainees as follows:
Change of notary trainee guide
1. Changing the trainee notary instructor is done when the notary falls into one of the following cases:
a) Failure to fully perform the obligations specified in Article 14 of this Circular;
b) Death, loss of civil act capacity, limited civil act capacity, difficulty in cognition or behavior control, or for other objective reasons, unable to continue probationary instruction;
c) Being temporarily suspended from practicing notary practice, being dismissed as a notary publicist or no longer practicing at a notary practice organization that certified trainees;
d) Being disciplined, administratively sanctioned in notary practice activities or found not meeting the conditions for probationary guidance at the time of receiving probationary guidance.
...
According to current regulations, changing notary notaries instructing trainees is prescribed in Clause 1, Article 12 of Circular 04/2015/TT-BTP as follows:
Change of notary trainee guide
1. Changing the trainee notary instructor is done when the notary falls into one of the following cases:
a) Death, loss of civil act capacity, limited civil act capacity, difficulty in cognition or behavior control, or for other objective reasons, unable to continue probationary instruction;
b) Failure to fully perform the obligations specified in Clauses 1, 2 and 3, Article 10 of this Circular.
...
Thus, from November 20, 2023, 02 additional cases of changing notary trainee guide are:
- Being temporarily suspended from practicing notary practice, being dismissed as a notary publicist or no longer practicing at a notary practice organization that certified trainees;
- Being disciplined, administratively sanctioned in notary practice activities or found not meeting the conditions for probationary guidance at the time of receiving probationary guidance.
What are the procedures for change of notary mentors in Vietnam from November 20, 2023? (Image from the Internet)
What are the procedures for change of notary mentors in Vietnam 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 in the latest Circular?
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.
*Note: Circular 08/2023/TT-BTP takes effect from November 20, 2023
LawNet