Are notaries with a research article on notarization law exempt from obligation to attend a refresher course in Vietnam?

Are notaries with a research article on notarization law exempt from obligation to attend a refresher course in Vietnam?

Pursuant to Article 14 of Circular 01/2021/TT-BTP stipulates attendance time in a refresher course as follows:

1. The minimum attendance time in a refresher course is 02 working days/year (16 hours/year).

2. A notary falling under one of the following circumstances shall be recognized to have fulfilled his/her obligation to attend a refresher course in that year:

a) He/she has a research article on notarization law and notarization-related law published in a domestic or foreign law journal; he wrote or jointly wrote a published book or textbook on notarization;

b) He/she has taught notarization subject at the Judicial Academy; has given lectures at refresher courses held by the organization specified in Clause 1, Article 13 of this Circular;

c) He/she attended a notarization refresher course abroad;

d) He/she acted as a reporter in a training program or seminar concerning the contents specified in Clause 1, Article 12 of this Circular held by the Department of Judicial Assistance, the Department of Justice. In case a notary who is not a reporter attends a training program or seminar specified at Point d of this Clause, one day of attendance shall be counted as 08 hours of refresher course, from 02 days or more is counted as completing the obligation to attend the refresher course. The Department of Judicial Assistance, the Department of Justice shall issue a certificate to the notary, clearly stating the number of days of attendance.

3. The following cases are exempt from the obligation to attend a refresher course during the year:

a) Female notaries who are pregnant or nursing a child under 12 months old;

b) Notaries who are subject to long-term treatment at health facilities for diseases on the list of diseases with long-term treatment prescribed by the Ministry of Health for 3 months or more, with a certificate from a health authority of district level or equivalent or higher.

Notaries shall submit documents proving that they fall under one of the cases specified at Points a and b of this Clause to the Department of Justice where they register their practice by December 15 every year to make a list of notaries exempt from the obligation to attend the refresher course in that year.

Thus, you who have a research article on notarization law and notarization-related law published in a domestic or foreign law journal are not exempt from the obligation to attend a refresher course during the year. However, you are in the case of being recognized for completing your obligation to attend a refresher course that year, in which case you do not have to participate in refresher courses.

Are notaries with a research article on notarization law exempt from obligation to attend a refresher course in Vietnam? (Image from the Internet)

What do documents certifying the performance of the obligation to attend refresher course in Vietnam comprise?

According to Article 15 of Circular 01/2021/TT-BTP, documents certifying the performance of the obligation to attend refresher course are as follows:

1. Documents certifying the performance of the obligation to attend refresher course include:

a) Certificate of attendance in refresher course, issued by the refresher course provider specified in Clause 1, Article 13 of this Circular;

b) Journals, books, and textbooks that have been published under the provisions of Point a, Clause 2, Article 14 of this Circular;

c) A written certification or document certifying that they have participated in the activities specified at Points b, c and d, Clause 2, Article 14 of this Circular.

Written certification or certification paper for the case specified at point c, clause 2 Article 14 of this Circular must be consular legalized, translated into Vietnamese and the Vietnamese translation must be notarized or authenticated.

2. Notaries who fulfill their obligation to attend the refresher course shall submit a copy of one of the documents specified in Clause 1 of this Article to the Department of Justice where they have registered their practice no later than December 15 of each year to establish a list of notaries who have completed the obligation to attend refresher course in that year.

The Department of Justice shall publish the list of notaries who have completed the obligation to attend refresher course and the list of notaries who are exempt from the obligation to attend refresher course during the year on the website of the Department of Justice no later than December 31 of each year.

According to this Article, documents certifying the performance of the obligation to attend refresher course in Vietnam are specified above.

Best regards!