What are contents of the apprenticeship of notary profession from November 20, 2023 in Vietnam?

What are contents of the apprenticeship of notary profession from November 20, 2023 in Vietnam?

As prescribed in Article 6 of Circular 08/2023/TT-BTP, contents of the apprenticeship of notary profession includes:

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

- Skills in interacting with people requesting notarization, interacting in accordance with the Code of professional ethics for notaries;

- Skills in explaining to people requesting notarization about their rights, obligations, and legitimate interests, the meaning and legal consequences of notarization;

- Skills in explaining the reason for refusing a request for notarization;

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

- Skills in drafting contracts and transactions at the request of people requesting notarization;

- Skills in checking the authenticity and legality of the draft contract or transaction prepared by the person requesting notarization; skills in verification;

- Skills in notarizing translations;

- Skills in authenticating copies, authenticating signatures in documents and papers;

- Skills in drafting attestation statements;

- Checking, arranging, and classifying notarized and certified files for archiving;

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

- Skills in managing notary organizations;

- Other skills and tasks related to notarization as assigned by the mentor notary.

What are contents of the apprenticeship of notary profession from November 20, 2023 in Vietnam? - Source: Internet

What are cases in which an apprentice of notary profession is allowed to change the place of apprenticeship in Vietnam?

As prescribed in Article 8 of Circular 08/2023/TT-BTP, an apprentice of notary profession is allowed to change the place of apprenticeship in the following cases:

- The organization of the notary profession that accepts the apprenticeship is suspended for a period of time, ceases to operate, or is converted or dissolved.

- The organization of the notary profession that accepts the apprenticeship no longer meets the conditions for accepting apprentices.

- The mentor notary is required to change and the organization of the notary profession does not have another notary who is qualified to guide the apprenticeship.

- The apprentice is a civil servant of the Notary Office who is transferred to another Notary Office.

- The apprentice changes their place of residence to another province or centrally-run city and wishes to change the place of apprenticeship, or belongs to the case of having to change the organization of the notary profession that accepts the apprenticeship and the locality does not have another organization of the notary profession that meets the conditions for accepting apprentices.

When is an apprentice of notary profession recognized as having completed the apprenticeship in Vietnam?

Pursuant to Article 12 of Circular 08/2023/TT-BTP stipulating completion of notarial practice probation in Vietnam as follows:

Completion of the notarial practice probation

1. Within 15 days from the end of the apprenticeship period, the apprentice shall submit a written request for recognition of completion of the apprenticeship, together with the Report on the results of the apprenticeship, the Apprenticeship Diary (a certified copy or a copy attached to the original for comparison) to the Department of Justice where the apprenticeship is registered. Within 10 days from the date of receipt of the request, the Department of Justice shall issue a decision recognizing the completion of the apprenticeship of notary profession (Mẫu TP-TSCC-08); if refused, it must reply in writing stating the reason.

2. The apprentice is recognized as having completed the apprenticeship of notary profession if they meet the following conditions:

a) The apprentice has met the requirements for apprenticeship and does not belong to the cases not allowed to register for apprenticeship;

b) The mentor notary is qualified to guide the apprenticeship and does not belong to the cases that must change the mentor notary during the guidance process;

c) The apprentice completes the apprenticeship period; has a Report on the results of the apprenticeship, an Apprenticeship Diary submitted on time, meets the requirements prescribed in this Circular and the attached forms; and fully performs other obligations of the apprentice.

Therefore, an apprentice of notary profession is recognized as having completed the apprenticeship when they meet the following conditions:

- The apprentice has met the requirements for apprenticeship and does not belong to the cases not allowed to register for apprenticeship.

- The mentor notary is qualified to guide the apprenticeship and does not belong to the cases that must change the mentor notary during the guidance process.

- The apprentice has completed the apprenticeship period.

- The apprentice has a Report on the results of the apprenticeship and a Diary of the apprenticeship submitted on time, meeting the requirements and attached forms.

- Fully performs other obligations of the apprentice.

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

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