What is the form of decision on recognition of notarial apprenticeship completion in Vietnam from November 20, 2023?
What is the form of decision on recognition of notarial apprenticeship completion in Vietnam from November 20, 2023?
The form of decision on recognition of notarial apprenticeship completion is specified in the appendix issued with Circular 08/2023/TT-BTP.
Download the form of decision on recognition of notarial apprenticeship completion here.
What is the form of decision on recognition of notarial apprenticeship completion in Vietnam from November 20, 2023?
From November 20, 2023, when will apprentices be recognized as completing their notarial apprenticeship in Vietnam?
In Article 12, Circular 08/2023/TT-BTP regulates the notarial apprenticeship completion:
Notarial apprenticeship completion
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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, according to the above regulations, 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 Circular 08/2023/TT-BTP and the attached forms; and fully performs other obligations of an apprentice.
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 Circular 08/2023/TT-BTP.
Accordingly, within 15 days from the end of the probationary period, the probationer must submit a written request for recognition of completion of the internship, accompanied by the internship results report and the probationary diary (certified copy). authenticated copy or photocopy attached with the original for comparison) sent to the Department of Justice where the probationer is registered.
How long is the notarial apprenticeship period in Vietnam?
The notarial apprenticeship period 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 notarial apprenticeship period 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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