Is there any difference in registration dossier to attend notary practice probation test according to Circular 08 compared to the regulations before November 20, 2023 in Vietnam?

Can I ask if the registration dossier to attend the notary practice probation test according to Circular 08 is different from the regulations before November 20, 2023 in Vietnam? Question from Ms. Vy (Binh Duong)

What is content and form of checking notary practice probation results from November 20, 2023 in Vietnam?

According to Article 15 of Circular 04/2015/TT-BTP regulating content and form of inspection before November 20, 2023 as follows:

Content and form of examination

1. Inspection content includes:

a) Law on notarization and authentication; Code of ethics for notary practice;

b) Notary practice skills.

2. Test format includes written test and oral test.

a) Written test: Check the contents specified in Clause 1 of this Article. The written test duration is 180 minutes.

b) Oral examination: Candidates present the content, explain how to solve specific notarization requirements and answer questions posed by the Examination Board.

According to Article 16 of Circular 08/2023/TT-BTP regulating the content and form of inspection from November 20, 2023 as follows:

Content and form of examination

1. Inspection content includes:

a) Check notary and authentication laws, notary practice ethics rules and legal regulations related to notary activities;

b) Results of implementing the probation contents as prescribed in Article 6 of this Circular.

2. Forms of inspection include:

a) The first test is a written test. Testing time is 180 minutes.

b) The second test is a computerized multiple choice test; In cases where there are no conditions to organize the test on a computer, the multiple-choice test will be on paper.

The Ministry of Justice decides and specifically announces the format of the second test in the proposed test organization plan.

According to this Article in Vietnam, content and form of checking notary practice probation results from November 20, 2023 will change as follows:

- Regarding inspection content: Adding legal regulations related to notary activities

- Regarding the test format: changing the test format for the second lesson from an oral test to a multiple-choice test on the computer. For cases where there are no conditions to organize tests on computers, multiple-choice tests can be done on paper.

Is there any difference in registration dossier to attend notary practice probation test according to Circular 08 compared to the regulations before November 20, 2023 in Vietnam? (Image from the Internet)

Is there any difference in registration dossier to attend notary practice probation test according to Circular 08 compared to the regulations before November 20, 2023 in Vietnam?

Pursuant to Clause 2, Article 16 of Circular 04/2015/TT-BTP, regulations on registration to attend the test are as follows:

Register to attend the test

1. The following people are eligible to register to attend the notary practice probation results test:

a) People who have completed the probationary period and the obligations of a probationer according to the provisions of the Notary Law and this Circular;

b) People who did not meet the requirements in the previous probationary results test.

Those who do not meet the requirements in the previous three probationary results tests are not allowed to register for the test and must re-apply.

2. The probationer registers to attend the notary practice probation results test at the Department of Justice where the probationer is registered.

The dossier includes the following documents:

a) Registration form to participate in notary practice probation results test (Form TP-TSCC-02);

b) Report on the results of the notary practice probation.

...

Pursuant to Clause 2, Article 17 of Circular 08/2023/TT-BTP regulating registration to attend the examination of notary practice probation results as follows:

Register to take the test

...

3. The person registering to take the test shall submit directly or by post or through the Public Administrative Service Center 01 set of registration documents to take the test to the Department of Justice where the probationer is registered. The dossier includes the following documents:

a) Registration form to participate in notary practice probation results test (Form TP-TSCC-10);

b) Decision recognizing completion of notary practice probation;

c) Report on results of notary practice probation;

d) Documents proving payment of fees for appraisal of standards and conditions for notary practice.

The documents specified in Points b, c and d, Clause 1 of this Article are certified copies or photocopies accompanied by originals for comparison. People who are postponed from attending the previous test only need to submit the Registration Form to attend the test, clearly stating the postponement of attending the previous test.

...

According to this Article in Vietnam, the registration dossier to attend the examination of notary practice probation results before November 20, 2023 is as follows:

- Registration form to participate in notary practice probation results test;

- Report on the results of notary practice probation.

Thus, from November 20, 2023, the registration dossier to participate in the notary practice probation test results will be supplemented with the following documents:

- Decision recognizing completion of notary practice probation (certified copy or photocopy with original for comparison);

- Documents proving payment of fees for assessing standards and conditions for notary practice (certified copy or photocopy with original for comparison).

In addition, according to regulations from November 20, 2023, except for the registration form to participate in the examination of notary practice probation results, other documents only need a certified copy or a photocopy with the original for comparison.

Can notary practice probationary results test be reviewed in Vietnam?

Pursuant to Article 26 of Circular 08/2023/TT-BTP regulations on test review as follows:

Test review

1. Within 15 days from the date the test results are posted on the Ministry of Justice's Electronic Information Portal, candidates who do not agree with the results of the written test or multiple-choice test on paper have the right to Make a complaint to the Chairman of the Inspection Council; In case a multiple-choice test is organized on a computer, this test will not be reviewed.

2. Within 15 days from the end of the deadline for receiving the appeal application, the Chairman of the Inspection Council shall decide to establish an Appeals Committee. The Investigation Committee consists of the Head of the Committee and at least 02 (two) members. Members of the Phach Committee and Examination Committee cannot be members of the Investigation Committee.

3. The grading of re-inspection is carried out according to the provisions of Article 24 of this Circular. The results of the re-inspection must be approved by the Chairman of the Inspection Council and are final.

According to this Article, candidates who do not agree with the written test or multiple-choice test on paper have the right to submit an appeal to the Chairman of the Inspection Council. Computerized multiple-choice tests will not be reviewed.

Note: Circular 08/2023/TT-BTP takes effect from November 20, 2023.

Best regards!

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