Latest procedures for registration of notarial apprenticeship in Vietnam

Latest procedures for registration of notarial apprenticeship in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Latest procedures for registration of notarial apprenticeship in Vietnam

(1)Implementation order:

- The person whose probation is certified by a public practice organization shall submit directly or by post or through the Public Administrative Service Center 01 set of probation registration documents according to the provisions of Clause 2, Article 3 of Circular 08/2023/TT-BTP to the Department of Justice where there is a notary public practice organization certifying probation.

Within 07 working days from the date of receipt of complete and valid documents, the Department of Justice issues a decision to register for a notary practice internship and sends the decision to the person registering for the internship and the notary practice organization certifying the internship; In cases of refusal, a written response must be provided clearly stating the reason.

- Where a person eligible to register for a probationary period has contacted at least three notary practice organizations qualified to accept internships in a province or centrally run city, or has contacted one notary practice organization qualified to accept probation in a province or centrally run city where there are three or fewer notary practice organizations qualified to accept probation. In case of refusal, they must submit the documents specified in Clause 2, Article 3 of Circular 08/2023/TT-BTP to the Department of Justice of that province or city to arrange the probationary period and register for a notary practice internship.

Within 10 days from the date of receipt of complete and valid documents, the Department of Justice shall consider and designate a notary practice organization to certify trainees, issue a decision to register a notary practice trainee, and send the decision to the person registering for the internship and the notary practice organization certifying the trainee; In the event that there is no longer a notary practice organization in that province or city that is qualified to accept probation, a written response must be provided clearly stating the reason to the applicant.

In cases of necessity, the Department of Justice carries out verification to clarify the conditions for registering and receiving probation according to the provisions of the Law on Notarization, Circular 08/2023/TT-BTP; The maximum verification time limit is 10 days and does not include the time for reviewing and appointing a notary public practice organization to certify trainees or register trainees.

(2) Submission methods: Submit directly or send by post or through the Public Administrative Service Center.

(3) Document components:

- Notary practice trainee registration certificate (Form TP-TSCC-01a) or (Form TP-TSCC-01b) issued together with Circular 08/2023/TT-BTP;

Form TP-TSCC-01a

Form TP-TSCC-01b

- Certificate of graduation from a notary training course or certificate of completion of notary training course or equivalent recognition decision for people who received notary training abroad (certified copy or photocopy with original for comparison).

(4) Processing time limit:

- In case the probationer registrant can contact the public practice organization certifying the internship, the processing time is 07 working days from the date of receipt of complete and valid documents.

- In case the person registering for a probationary period is assigned a probationary period by the Department of Justice and registers for a notary practice internship, the processing time limit is 10 days from the date of receipt of complete and valid documents.

2. Conditions for carrying out procedures for registration of notarial apprenticeship in Vietnam

* The person registering for a probationary period must be qualified to register for a probationary period (have a certificate of graduation from a notary training course or a certificate of notary profession training).

* People falling into one of the following cases are not allowed to register for internship:

- People who are being prosecuted for criminal liability, convicted by a legally effective court judgment for an unintentional crime whose criminal record has not yet been erased, or for an intentional crime;

- People who are subject to administrative handling measures according to the provisions of the law on handling administrative violations;

- People who have lost or have limited civil capacity or have difficulty in cognition and behavior control;

- People who are cadres, civil servants, public employees (except officials working at the Notary Public), officers, professional soldiers, defense workers in agencies and units of the People's Army; officers, non-commissioned officers, workers in agencies and units of the People's Public Security;

- Officials are disciplined in the form of dismissal; civil servants and public employees are disciplined in the form of dismissal; or officers, professional soldiers, workers, and public employees in agencies, units of the People's Army, officers, non-commissioned officers, workers, and officials in units of the People's Public Security are disciplined in the form of being stripped of their soldier title, People's Police title, or being removed from the profession;

- People who are working under a labor contract for an agency, organization, or enterprise, except in the case of working under a labor contract at a notary practice organization where that person is an intern or sign a labor contract with an agency, organization, or enterprise whose working hours do not coincide with the working days and hours of the notary public practice organization certifying the internship.

Legal basis: Decision 2683/QD-BTP in 2023.

Ho Quoc Tuan

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