Who is subject to the Circular on the practice of notary apprenticeship from November 20, 2023 in Vietnam?

Who is subject to the Circular on the practice of notary apprenticeship from November 20, 2023 in Vietnam?

Recently, on October 2, 2023, the Minister of Justice issued Circular 08/2023/TT-BTP regulating the guidance on notary trainee practice.

In particular, Circular 08/2023/TT-BTP regulates trainees and management of trainees practicing notary practice; Checking notary internship results; Handling violations, resolving complaints and denunciations about notary practice probation and checking notary practice probation results.

At the same time, based on Article 2 of Circular 08/2023/TT-BTP, regulations on specific subjects of application are as follows:

Applicable subjects

This Circular applies to trainees practicing notary practice; People who participated in the notary practice probation test results; Notary public instructs trainees; Notary practice organizations certifying trainees; socio-professional organization of notaries; State management agency on notarization and other relevant agencies, organizations and individuals.

Thus, according to the above regulations, the subjects applying the Circular guiding notary trainee practice include:

- Notary practice trainee.

- Persons participating in the notary practice probation test results.

- Notary public instructs trainees.

- Organizing notary public practice certification internships.

- Social and professional organization of notaries.

- State management agency in charge of notarization and other relevant agencies, organizations and individuals.

Who is subject to the Circular on the practice of notary apprenticeship from November 20, 2023 in Vietnam? - Source: Internet

What documents are included in the application for the practice of notary apprenticeship in Vietnam?

Pursuant to Article 3 of Circular 08/2023/TT-BTP stipulating the registration for notary apprenticeship as follows:

Registration for notary apprenticeship

1. The list of notary offices that are eligible to accept apprentices in the province or centrally-run city is announced by the Department of Justice on the Department of Justice's website. Individuals who meet the registration requirements under the Law on Notaries contact an apprenticeship at one of the notary offices on the list that has been announced by the Department of Justice.

2. The registration dossier includes the following documents:

a) Application for registration for notary apprenticeship (Mẫu TP-TSCC-01a or Mẫu TP-TSCC-01b);

b) Certificate of graduation from the notary training course or certificate of completion of the notary training course or decision recognizing equivalence for those who have been trained in notary in foreign countries (notarized photocopy or photocopy with the original for comparison).

3. The notary office that accepts the apprentice assigns a qualified notary to guide the apprentice and confirms on the Application for Registration for Notary Apprenticeship of the person who contacted the apprentice; if it refuses to accept the apprentice, it will reply in writing stating the reason or state the reason for refusal on the Application for Registration for Notary Apprenticeship of the person who contacted the apprentice.

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As regulations above, the registration dossier for notary apprenticeship includes the following documents:

- Application for Registration for Notary Apprenticeship (Form TP-TSCC-01a or Form TP-TSCC-01b): This document is provided by the Ministry of Justice and can be downloaded from the Ministry of Justice's website.

- Certificate of graduation from the notary training course or certificate of completion of the notary training course or decision recognizing equivalence for those who have been trained in notary in foreign countries (notarized photocopy or photocopy with the original for comparison): This document is issued by a notary training institution that is accredited by the Ministry of Justice.

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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Based on the above regulations, the period of apprenticeship for notaries is as follows:

12 months for those with a certificate of graduation from the notary training course.
6 months for those with a certificate of notary training.

Note: The period of apprenticeship for notaries is calculated from the date of registration for apprenticeship.

Circular 08/2023/TT-BTP comes into effect on November 20, 2023. At the same time, Circular 04/2015/TT-BTP will cease to be effective from the date Circular 08/2023/TT-BTP comes into effect.

Best regards!