Cases in which the place of notary practice is allowed to change in Vietnam

Cases in which the place of notary practice is allowed to change in Vietnam (Internet image)

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

1. Cases in which the place of notary practice is allowed to change in Vietnam

According to Clause 1, Article 4 of Circular 04/2015/TT-BTP, trainees are allowed to change the place of probation to practice notary practice in the following cases:

- Notary practice organizations that receive probationary status temporarily suspend operations, terminate operations, convert, or dissolve according to the provisions of the aw on Notarization 2014 and its guiding documents;

- The notary practice organization that certified the trainee no longer meets the conditions for receiving the trainee as prescribed in Clause 2, Article 11 of the Law on Notarization 2014;

- The notary notary instructing the trainees dies due to health reasons or other objective reasons, he cannot continue to instruct the trainees, or the notary notary instructing the trainees does not fully fulfill his responsibilities stipulated in Article 10 of the aw on Notarization 2014, and the notary practice organization does not have other notaries qualified to instruct trainees;

- The probationer changes his place of residence to another province or centrally run city.

2. Content of notary practice internship in Vietnam

The content of the notary practice internship, according to Article 7 of Circular 04/2015/TT-BTP, is as follows:

- The content of the notary practice internship includes notary practice skills and the following notary-related tasks:

+ Skills in receiving and classifying notarization requests; Skills in checking the authenticity and legality of documents included in the notarization request file; Skills in reviewing and identifying subjects and the civil behavior capacity of participants signing contracts and transactions;

+ Skills in dealing with people requesting notarization and behavior according to the Code of Ethics for notary practice Skills in explaining to notarization requesters their legal rights, obligations, and interests, as well as the meaning and legal consequences of notarization; Skills to explain reasons when refusing notarization requests;

+ Research skills and propose solutions to notarization request documents;

+ Skills in drafting contracts and transactions at the request of the notarization requester; Skills in checking the authenticity and legality of draft contracts and transactions prepared by the notarization requester; verification skills;

+ Skills in notarizing translations; skills to authenticate copies and authenticate signatures in papers and documents;

+ Testimony drafting skills;

+ Check, arrange and classify notarized and authenticated documents for storage;

+ Other skills and tasks related to notarization as assigned by the trainee notary instructor.

- Notaries instruct trainees to guide trainees in implementing the contents specified in Clause 1, Article 7 of Circular 04/2015/TT-BTP; For people whose probationary period is 06 months, the notary instructing the probationary period shall agree with the notary practice organization certifying the probationary period on the appropriate duration and content of the probationary period according to the provisions of Clause 1, Article 7 of Circular 04/2015/TT-BTP.

3. Report on the results of the notary practice internship in Vietnam

Report on the results of the notary practice internship according to Article 8 of Circular 04/2015/TT-BTP as follows:

- No later than 15 days from the end of the probation period, the probationer submits the probation results report to the Department of Justice where the probation was registered.

The report includes the following main contents:

+ Quantity, content, legal basis and results of handling notarization request documents assigned by the trainee notary instructor;

+ Legal knowledge, notary practice skills, and experience gained from the internship process;

+ The exercise of rights and obligations by the Probationer;

+ Difficulties and problems during the internship process (if any) and suggestions and recommendations.

- The internship results report must include comments from the notary instructing the internship and written confirmation from the notary practice organization certifying the internship on the internship process and results.

- In case the probationer submits the probationary results report and registers to attend the probationary results test, the Department of Justice shall register to attend the test for the probationer according to the provisions of Article 16 of Circular 04/2015/TT-BTP;

In case the probationer has not yet requested to attend the examination, the Department of Justice records the completion of the probationer's time and obligations in the probationary monitoring book.

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