03 cases of exemption from the obligation to attend a refresher course in Vietnam

Below is a notable new regulation specified in Circular 01/2021/TT-BTP on elaboration of certain articles and implementation of Notarization Law promulgated by the Ministry of Justice of Vietnam.

03 cases of exemption from the obligation to attend a refresher course in Vietnam (Illustration)

Accordingly, in Clause 3, Article 14 of Vietnam's Circular 01/2021/TT-BTP, cases are exempted from performing the obligation to participate in professional training in the year that Vietnam's Circular 06/2015/TT-BTP did not previously determine, including:

(1) Female notaries who are pregnant or

(2) Notaries nursing a child under 12 months old;

(3) Notaries who are subject to long-term treatment at health facilities for diseases on the list of diseases with long-term treatment prescribed by the Ministry of Health of Vietnam for 3 months or more, with a certificate from a health authority of district level or equivalent or higher.

Note: Notaries shall submit documents proving that they fall under the above to the Department of Justice where they register their practice by December 15 every year to make a list of notaries exempt from the obligation to attend the refresher course in that year.

In addition to the cases of exemption from participation in refresher course, notaries are also entitled to reduce the time to participate in refresher course from 03 working days/year (24 hours/year) to 02 working days/year (16 hours/year).

Vietnam's Circular 01/2021/TT-BTP also stipulates that a notary falling under one of the following circumstances shall be recognized to have fulfilled his/her obligation to attend a refresher course in that year:

- He/she has a research article on notarization law and notarization-related law published in a domestic or foreign law journal; he wrote or jointly wrote a published book or textbook on notarization;

- He/she has taught notarization subject at the Judicial Academy; has given lectures at refresher courses held by the organization specified in Clause 1, Article 13 of this Circular;

- He/she attended a notarization refresher course abroad;

- He/she acted as a reporter in a training program or seminar concerning the contents specified in Clause 1, Article 12 of this Circular held by the Department of Judicial Assistance, the Department of Justice.

In case a notary who is not a reporter attends a training program or seminar specified at Point d of this Clause, one day of attendance shall be counted as 08 hours of refresher course, from 02 days or more is counted as completing the obligation to attend the refresher course. The Department of Judicial Assistance, the Department of Justice shall issue a certificate to the notary, clearly stating the number of days of attendance.

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