Issuing the circular guiding on registering for a notary internship in Vietnam

Issuing the circular guiding on registering for a notary internship in Vietnam

On October 2, 2023, the Minister of Justice issued Circular 08/2023/TT-BTP guiding on notary internship.

Circular 08/2023/TT-BTP regulates the following:

- Internship and management of notary internship;

- Examination of the results of notary internship;

- Handling of violations, handling of complaints, denunciations about notary internship and examination of the results of notary internship.

Circular 08/2023/TT-BTP applies to:

- Notary interns; participants in the examination of the results of notary internship;

- Notary lawyers guiding interns;

- Notary practices accepting interns;

- Professional associations of notary lawyers;

- State management agencies on notary and other relevant agencies, organizations, and individuals.

Issuing the circular guiding on registering for a notary internship in Vietnam - Source: Internet

What is the starting time of internship for notary practice in Vietnam?

According to Article 5 of Circular 08/2023/TT-BTP (effective from November 20, 2023), the time of internship for notary practice is as follows:

Time of internship for notary practice

1. The time of internship for notary practice (hereinafter referred to as the time of internship) stipulated in Clause 1 Article 11 of the Law on Notary is counted from the date the decision to register for internship for notary practice takes effect.

2. In the case of the intern changing the place of internship according to the provisions of Article 8 of this Circular, the time of internship shall be counted as the total time of internship of the person at the notary practices.

Therefore, the time of internship for notary practice is counted from the date the decision to register for internship for notary practice takes effect.

What skills are included in the internship for notary practice in Vietnam?

According to Clause 1 Article 6 of Circular 08/2023/TT-BTP (effective from November 20, 2023), the content of the internship for notary practice includes the following skills:

- Skills in receiving, classifying notarial requests; skills in checking the authenticity, legality of the documents in the notarial request file; skills in examining, identifying the subjects, legal capacity of the parties to the contract, transaction;

- Skills in interacting with the notarial requestor, interacting in accordance with the Code of Ethics for Notary Practice; skills in explaining to the notarial requestor about the rights, obligations and legitimate interests of the notarial requestor, the meaning and legal consequences of notarization; skills in explaining the reasons for refusing a notarial request;

- Skills in researching and proposing solutions for notarial request files;

- Skills in drafting contracts, transactions at the request of the notarial requestor; skills in checking the authenticity, legality of the draft contract, transaction drafted by the notarial requestor; skills in verification;

- Skills in notarizing translations; skills in certifying copies, certifying signatures in documents, and documents;

- Skills in drafting certification;

- Checking, arranging, classifying files that have been notarized, certified for archiving;

- Skills in exploiting, using the notarial database and applying information technology in notarial activities:

- Skills in managing a notarial practice;

- Other skills and tasks related to notary practice according to the assignment of the notary lawyer guiding the intern.

Who shall be exempt from 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.

...

Therefore, the current law does not specify any subject that is exempt from the internship for notary practice.

Note: Circular 08/2023/TT-BTP is effective from November 20, 2023.

Best regards!