08 Contents of notary practice probation in Vietnam

08 Contents of notarial practice probation in Vietnam (Internet image)

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

1. notarial practice probation period in Vietnam

Specifically, Article 3 of Circular 04/2015/TT-BTP stipulates the probationary period for notarial practice as follows:

- The notarial practice probation period (hereinafter referred to as the probationary period) specified in Clause 1, Article 11 of the Law on Notarization 2014 is counted from the date the apprentice is recorded on the list of apprentices of the Department of Justice.

- In case a probationer changes his/her probationary place as prescribed in Article 4 of Circular 04/2015/TT-BTP, the probationary period shall be equal to his/her total probationary period at public practice organizations. proof.

The total probationary period is calculated when the probationer has completed at least 03 months of probation at each notarial practice organization.

2. Contents of notarial practice probation in Vietnam

According to Clause 1, Article 7 of Circular 04/2015/TT-BTP, the content of a notarial practice probation includes notarial practice skills and the following notary-related jobs:

(1) Skills in receiving and classifying notarization requests; skills in checking the authenticity and legitimacy of documents included in the notarization request dossier; skills in reviewing and identifying subjects and civil act capacity of participants in contracts and transactions;

(2) Skills in dealing with notarization requesters, in accordance with the Code of Ethics for notarial practice; skills in explaining clearly to notarization requesters their legal rights, obligations, and interests, the meaning and legal consequences of notarization; and the skill of explaining reasons when refusing a notarization request;

(3) Research skills and propose solutions to notarization requests;

(4) Skills in drafting contracts and transactions at the request of the notary requester; skills to check the authenticity and legitimacy of draft contracts and transactions prepared by notarization requesters; verification skills;

(5) Notarization skills of translations; skills of certifying copies, certifying signatures in papers and documents;

(6) Testimonial drafting skills;

(7) Checking, arranging, and classifying notarized and authenticated dossiers for archiving;

(8) Other notarization-related skills and jobs as assigned by the probationary notary public.

3. Cases of suspension of notarial practice probation in Vietnam

A civil servant trainee shall only have to suspend his/her probationary period in the following cases:

- In case of plausible reasons, the probationer may suspend his/her probation but must notify in writing the notarial practice organization where he/she is on probation at least 05 working days before the date of probation suspension. .

- A person who has a probationary period for notarial practice of 12 months may suspend his/her probation for a maximum of two times, each time not exceeding 06 months; a person who has a probationary period for notarial practice of 6 months may suspend his/her probation once for not more than 6 months.

- The probationary period is not included in the notarial practice probation period.

The probationary period before the probationary suspension shall be included in the total probationary period for notarial practice, except for the case where re-registration is required as prescribed in Clause 3, Article 6 of Circular 04/2015/TT-BTP.

(Article 5 of Circular 04/2015/TT-BTP)

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