What are the cases that are not allowed to register for notarial practice probation from November 20, 2023 in Vietnam?

What are the cases that are not allowed to register for notarial practice probation from November 20, 2023 in Vietnam?

As prescribed in Clause 5 Article 3 of Circular 08/2023/TT-BTP, the following six cases are not allowed to register for notarial practice probation:

1. A person who is currently being investigated for criminal liability, convicted by a legally effective judgment of the Court for a crime of negligence that has not been cleared of criminal records or for a crime of intent;

2. A person who is currently subject to administrative punishment under the law on administrative punishment;

3. A person who has lost, limited their civil capacity or has difficulty in recognizing and controlling their actions;

4. A person who is currently a civil servant, public official, civil servant (except civil servants working at the Notary Office), officer, professional soldier, national defense worker in the units of the Vietnam People's Army; officer, non-commissioned officer, worker in the units of the Vietnam People's Public Security;

5. A civil servant who is disciplined by the dismissal, a civil servant, a public official who is disciplined by the dismissal or

Officers, professional soldiers, workers, civil servants in units of the Vietnam People's Army, officers, non-commissioned officers, workers, civil servants in units of the Vietnam People's Public Security are disciplined by the form of stripping of military rank, title of Public Security officer or expelled from the sector;

6. A person who is currently working under a labor contract for an agency, organization, or enterprise, except for the case of working under a labor contract at the notary office where the person is practicing or signing a labor contract with an agency, organization, or enterprise that the working time does not overlap with the working days and hours of the notary office receiving the apprenticeship.

What are the cases that are not allowed to register for notarial practice probation from November 20, 2023 in Vietnam? - Source: Internet

How long is 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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As regulations above, the time for the notarial practice probation in Vietnam are as follows:

- 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.

What are conditions for being recognized as having completed the notarial practice probation 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.

3. If a person who has been recognized as having completed the apprenticeship is found not to meet the conditions for being recognized as having completed the apprenticeship, the Department of Justice shall issue a decision to revoke the recognized results of the apprenticeship. A person whose results of the apprenticeship have been revoked may re-register for apprenticeship if they meet the conditions for apprenticeship prescribed in this Circular.

Therefore, the conditions for being recognized as having completed the notarial practice probation are as follows:

- For the probationers:

+ Have met the requirements for apprenticeship and do not belong to the cases not allowed to register for apprenticeship;

+ Complete the apprenticeship period; have a Report on the results of the apprenticeship, an Apprenticeship Diary submitted on time, meet the requirements prescribed in this Circular and the attached forms; and fully perform other obligations of the apprentice.

- For the mentor notary: have met the requirements for guidance of the apprenticeship and do not belong to the cases that must change the mentor notary during the guidance process.

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

Best regards!