How many days in advance must notify when postponement of notarial practice probation in Vietnam?

How many days in advance must notify when postponement of notarial practice probation in Vietnam?

Pursuant to Article 5 of Circular 04/2015/TT-BTP stipulating postponement of notarial practice probation as follows:

1. In case of plausible reasons, a probationer may postpone his/her probationary period but must notify in writing the notarial practice organization where he/she is on probation at least 05 working days before the date of postponement of notarial practice probation.

2. A person who has a probationary period for notarial practice of 12 months may postpone his/her probation for a maximum of two times, each time not exceeding 06 months; a person who has a probationary period for notarial practice of 6 months may postpone his/her probation once for not more than 6 months.

3. The probationary period is not included in the notarial practice probation period.

The probationary period before postponeing the probationary period shall be counted into the total probationary period for notarial practice, except for the case of re-registration as a probationer as prescribed in Clause 3, Article 6 of this Circular.

Thus, if you are practicing notarial practice but have a legitimate reason, you may apply for a postponement of your probation, but you must notify the notarial practice organization where you are practicing at least 5 working days before the date of your probation postponement in Vietnam.

If I am terminated from notarial practice probation due to postponement exceeding the prescribed times, can I re-register as a probationer in Vietnam?

According to Article 6 of Circular 04/2015/TT-BTP stipulating termination of notarial practice probation as follows:

1. A probationer terminates his/her probation when falling into one of the following cases:

a) Self-termination of probation;

b) Being recruited as cadres, civil servants and public employees (except for those working at the Notary Public), officers, professional soldiers, defense workers in agencies and units of the People's Army; officers, non-commissioned officers, workers in agencies and units of the People's Public Security;

c) No longer permanently residing in Vietnam;

d) Being convicted and the judgment has taken legal effect;

dd) Being subjected to administrative handling measures in accordance with the law on handling of administrative violations;

e) Postponing the probationary period for more than the prescribed number of times or the probationary postponement period has expired as prescribed in Clause 2, Article 5 of this Circular without continuing the probation;

g) Being removed from the List of Apprentices of the Department of Justice according to the provisions of Clause 1, Article 30 of this Circular;

h) Being in the case of not being registered for notarial practice probation at the time of probation registration.

2. Within 05 working days from the day on which the probationer terminates the probation in the cases specified at Points a, b, c, d, dd, e and h, Clause 1 of this Article, the administrative organization shall The public profession certifying probation must report to the Department of Justice in writing, clearly stating the reason for termination of the probationary period. Within 05 working days from the date of receipt of the report of the notary practice organization, the Department of Justice shall issue a decision to terminate the probation and at the same time remove the apprentice's name from the list of apprentices of the Department of Justice. 

The decision to terminate the probation shall be sent to the Apprentice, the probation certification public practice organization and the Ministry of Justice.

3. A person who has terminated his or her probationary period for notarial practice may be considered for re-apprenticeship registration when he/she meets the conditions for probationary registration as prescribed in this Circular and falls into one of the following cases:

a) The reason for termination of probation specified at Points a, b, c, e and h, Clause 1 of this Article no longer exists;

b) The sentence has been completely served, except for the case of being convicted of an intentional crime;

c) Having completely served administrative handling measures in accordance with the law on handling of administrative violations;

d) After 02 years, from the date on which the decision of the Department of Justice on removing the name of the apprentice from the List of apprentices as prescribed in Clause 1, Article 30 of this Circular takes effect.

Dossier and procedures for re-registration of probationary period shall comply with the provisions of Article 2 of this Circular.

4. The probationary period before terminating the probation period specified in Clause 1 of this Article shall not be counted into the notarial practice probationary period.

According to this Article, in case of termination of the notarial practice probationary period due to the postponement of the probationary period exceeding the prescribed number of times, he/she will still be considered for re-registration of the probationary period when he/she meets the conditions for probation registration as prescribed and the reason for the termination of the probationary period no longer exists.

Is it necessary to register to participate in testing results after the completion of notarial practice probation in Vietnam? 

In Article 8 of Circular 04/2015/TT-BTP stipulating report on notarial practice probation results as follows:

1. Within 15 days from the end of the probationary period, the probationer shall submit a report on probation results at the Department of Justice where the probationary period is registered.

The report includes the following main contents:

a) Quantity, content, legal basis and results of handling of notarization request dossiers assigned by the probationary notary public;

b) Legal knowledge, notarial practice skills and experience gained from the probationary process;

c) The exercise of rights and obligations of the apprentice;

d) Difficulties and obstacles during the probationary process (if any) and suggestions and recommendations.

2. The probation results report must contain comments from the notary guiding the probation and a written certification from the probationary certification organization about the probationary process and results.

3. In case the probationer submits the probationary result report and registers to participate in the probationary result examination, the Department of Justice shall register the probationer to participate in the examination according to the provisions of Article 16 of this Circular; if the probationer has not yet requested to attend the examination, the Department of Justice shall record the probationer's completion of time and obligations in the probationary monitoring book.

According to this Article, it is not necessary to register to attend the test of notarial practice probation results. If the probationer has not yet requested to attend the examination, the Department of Justice shall record the probationer's completion of time and obligations in the logbooks keeping track of probationer in Vietnam.

Best regards!