What are 4 cases in which apprentices can change their notary mentors from November 20, 2023 in Vietnam?

Can apprentices change their notary mentors in Vietnam?

Pursuant to Article 13 of the Circular 08/2023/TT-BTP (effective from 20/11/2023) stipulating rights and obligations of apprentices as follows:

Rights and obligations of apprentices

1. An apprentice has the following rights:

a) The apprentice may receive support from the notarial apprenticeship organization to perform the apprenticeship skills and tasks as per Article 6 of this Circular;

b) The apprentice may receive mentorship from the notary mentor as to apprenticeship skills and task, performance of rights and obligations;

c) The apprentice may change the notary mentor or the notarial apprenticeship organization as per Article 7 and Article 8 of this Circular;

d) The apprentice may receive the recognition of apprenticeship completion as per Article 12 of this Circular;

dd) The apprentice may register to sit a notarial apprenticeship exam as per Article 17 of this Circular;

e) Other rights as agreed with the notarial apprenticeship organization or as per the law.

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As regulations above, apprentices can change their notary mentors in Vietnam.

What are 4 cases in which apprentices can change their notary mentors from November 20, 2023 in Vietnam? - Source: Internet

What are 4 cases in which apprentices can change their notary mentors from November 20, 2023 in Vietnam?

Pursuant to Clause 1 Article 7 of the Circular 08/2023/TT-BTP (effective from 20/11/2023), 4 cases in which apprentices can change their notary mentors from November 20, 2023 in Vietnam are:

1. He/she fails to perform the obligations specified as follows:

+ Mentor apprentices on the apprenticeship skills and tasks as prescribed in Article 6 of this Circular.

+ Monitor and assess the performance of the apprentice they mentor; take responsibility for the performance and progress of the tasks that their apprentice has done according to their assignment and mentorship.

+ Make a certification in the Apprenticeship journal; comment and evaluate the apprenticeship in the Apprenticeship performance report and take responsibility for the accuracy, honesty, and objectivity in their certification and evaluation.

+ The rights and obligations according to the Law on Notarization and this Circular.

2. He/she dies, becomes incapacitated, has limited legal capacity, has limited cognition or behavior control, or has another legitimate reason for discontinuing mentorship of the apprentice;

3. He/she is temporarily suspended from practicing notary practice, dismissed as a notary, or no longer practices at a notarial apprenticeship organization;

4. He/she is disciplined, administratively sanctioned in notary practice, or found ineligible to be a mentor at the time of accepting mentorship.

What are procedures for change of notary mentors from November 20, 2023 in Vietnam?

Pursuant to Clause 2 Article 7 of the Circular 08/2023/TT-BTP (effective from 20/11/2023) stipulating procedures for change of notary mentors from November 20, 2023 in Vietnam as follows:

Step 1: Within 5 working days of a notary mentor falling into a case specified in Clause 1 Article 7 of the Circular 08/2023/TT-BTP, the notarial apprenticeship organization must assign another qualified notary to continue the mentorship and notify the Department of Justice in writing.

If there are no more notaries qualified to mentor the apprentice, the notarial practice organization must notify the Department of Justice in writing.

Step 2: Within 7 working days of receiving such a notice from the notarial practice organization, the Department of Justice shall designate another notarial apprenticeship organization.

In case there is no qualified notarial apprenticeship organization, the Department of Justice shall provide a written notice clearly stating the reason for the apprentice.

An apprentice has the right to transfer to a notarial apprenticeship organization in another province to continue their apprenticeship.

Best regards!