Are there any subjects who are exempt from the notarial practice probation in Vietnam?

Are there any subjects who are exempt from the notarial practice probation in Vietnam?

Pursuant to Article 11 of the Law on Notarization in 2014 stipulating notarial practice probation 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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Therefore, the current law does not specify any cases that are exempt from the apprenticeship of the notary profession. Everyone who wants to become a notary must go through a period of apprenticeship:

- 12 months for those with a certificate of graduation from a training course in the notary profession;

- 06 months for those with a certificate of training in the notary profession.

Are there any subjects who are exempt from the notarial practice probation in Vietnam? - Source: Internet

What are rights of a notarial practice probationer in Vietnam?

Based on Article 13 of Circular 08/2023/TT-BTP (effective from November 20, 2023), the rights and obligations of a notarial practice probationer are as follows:

Rights and obligations of a notarial practice probationer

1. The probationer has the following rights:

a) To be provided with the necessary conditions and resources to complete the apprenticeship period as prescribed in Article 6 of this Circular;

b) To be guided by the mentor notary on the apprenticeship contents, the implementation of the rights and obligations of the apprentice;

c) To change the mentor notary, change the place of apprenticeship as prescribed in Articles 7 and 8 of this Circular;

d) To be recognized as having completed the apprenticeship as prescribed in Article 12 of this Circular;

dd) To be registered to participate in the examination of the results of the apprenticeship of the notary profession as prescribed in Article 17 of this Circular;
e) Other rights as agreed with the organization of the notary profession that accepts the apprenticeship or as prescribed by law.

Therefore, a notarial practice probationer has the following rights:

- To be provided with the necessary conditions and resources to complete the apprenticeship period as prescribed.

- To be guided by the mentor notary on the apprenticeship contents, the implementation of the rights and obligations of the apprentice.

- To change the mentor notary, change the place of apprenticeship as prescribed.

- To be recognized as having completed the apprenticeship when meeting the required conditions.

- To be registered to participate in the examination of the results of the apprenticeship of the notary profession as prescribed.

- Other rights as agreed with the organization of the notary profession that accepts the apprenticeship or as prescribed by law.

What are obligations of a notarial practice probationer in Vietnam?

Based on Article 13 of Circular 08/2023/TT-BTP (effective from November 20, 2023), the rights and obligations of a notarial practice probationer are as follows:

Rights and obligations of an apprentice notary

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2. The apprentice has the following obligations:

a) To comply with the rules and regulations of the organization of the notary profession that accepts the apprenticeship;

b) To fully and seriously carry out the work related to the apprenticeship contents prescribed in Article 6 of this Circular according to the assignment of the mentor notary;

c) To ensure the daily training time according to the working days and hours of the organization of the notary profession that accepts the apprenticeship;

d) To be responsible to the mentor notary and the organization of the notary profession that accepts the apprenticeship for the results and progress of the assigned tasks;

dd) To keep confidential information about the content of notarization and related information that he/she knows during the apprenticeship;

e) To keep a training log book and a report on the results of the apprenticeship of the notary profession as prescribed in Article 11 of this Circular;

g) Other obligations as prescribed by the Law on Notaries, this Circular and other relevant legal documents and as agreed with the organization of the notary profession that accepts the apprenticeship.

Therefore, a notarial practice probationer has the following obligations:

- To comply with the rules and regulations of the organization of the notary profession that accepts the apprenticeship.

- To fully and seriously carry out the work related to the apprenticeship contents according to the assignment of the mentor notary.

- To ensure the daily training time according to the working days and hours of the organization of the notary profession that accepts the apprenticeship.

- To be responsible to the mentor notary and the organization of the notary profession that accepts the apprenticeship for the results and progress of the assigned tasks.

- To keep confidential information about the content of notarization and related information that he/she knows during the apprenticeship.

- To keep a training log book and a report on the results of the apprenticeship of the notary profession as prescribed.

- Other obligations as prescribed by law and as agreed with the organization of the notary profession that accepts the apprenticeship.

Best regards!