04 notes you should know when participating in notary refresher course in Vietnam

04 notes you should know when participating in notary refresher course in Vietnam (Internet image)

1. Content and form of annual notary refresher course in Vietnam

Content and form of annual notary refresher course in accordance with Article 12 of Circular 01/2021/TT-BTP are as follows:

- Content of annual notary refresher course (hereinafter referred to as refresher course) shall include one or certain matters below:

+ Code of ethics for notarial practice;

+ Updated and supplementary legal knowledge on notarization and other relevant laws;

+ Notary practice skills; skills in solving problems in the process of notarial practice;

+ Skills in management, organization, and administration of notarial practice organizations.

- The refresher course is held in the form of attendance course.

2. Refresher course providers in Vietnam

According to Article 13 of Circular 01/2021/TT-BTP on refresher course providers include:

- Refresher course providers include:

+ Association of Notaries;

+ Vietnam Association of Notaries;

+ Judicial Academy.

- Notaries may choose to attend a refresher course held by the Association of Notaries in another area or the Vietnam Association of Notaries or the Judicial Academy.

3. Attendance time in a refresher course in Vietnam

According to Article 14 of Circular 01/2021/TT-BTP, the attendance time in a refresher course is prescribed as follows:

- The minimum attendance time in a refresher course is 02 working days/year (16 hours/year).

- 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 Circular 01/2021/TT-BTP;

+ 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 Circular 01/2021/TT-BTP 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.

- The following cases are exempt from the obligation to attend a refresher course during the year:

(i) Female notaries who are pregnant or nursing a child under 12 months old;

(ii) 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 for 3 months or more, with a certificate from a health authority of district level or equivalent or higher.

Notaries shall submit documents proving that they fall under one of the cases specified at Points a and b of Clause 3 of Article 14 of Circular 01/2021/TT-BTP 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.

4. Responsibilities of refresher course providers in Vietnam

Article 16 of Circular 01/2021/TT-BTP stipulat the responsibilities of refresher course providers as follows:

(1) The refresher course providers specified in Clause 1, Article 13 of Circular 01/2021/TT-BTP have the following responsibilities:

- Formulate and announce their refresher course plan before January 30 of each year;

- Prepare contents, curriculum, and other necessary conditions and hold refresher courses according to the announced plan;

- Issue certificates of completion of notary refresher course (Form TP-CC-11);

Form TP-CC-11

- Collect, manage and use refresher course fees in accordance with law;

- Make and post on their website a list of notaries who attended refresher courses at their premises each year.

(2) The Vietnam Association of Notaries has the following responsibilities:

- Perform the tasks of the refresher course provider specified in C(1);

- Guide the main contents of annual refresher course for notary associations;

- Guide, summarize, and evaluate the implementation of refresher course by the Association and the notary associations;

- Guide the collection, mana

Do Thanh Long

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE