Cases ineligible to register for a notary apprenticeship in Vietnam

Cases ineligible to register for a notary apprenticeship in Vietnam (Internet image)

On October 2, 2023, the Minister of Justice issued Circular 08/2023/TT-BTP on notarial apprenticeship.

1. Cases ineligible to register for a notary apprenticeship in Vietnam

 Any person mentioned below is not eligible to register for a notary apprenticeship in Vietnam:

- A person who faces a criminal prosecution, or has been convicted of a crime under a legally effective judgment of the Court for an unintentional crime whose criminal record has not yet been expunged, or for an intentional crime;

- A person who is subject to an administrative sanction as per law on administrative sanctions;

- A person who is incapacitated or has limited legal capacity or has limited cognition or behavior control;

- An official or public employee (except an public employee working for a public notary office); a commissioned officer, professional soldier, national defense worker in a People’s Army unit; a commissioned officer, non-commissioned officer, or worker in a People’s Public Security unit;

- An official who is disciplined in the form of dismissal; a public employee who is disciplined in the form of removal; a commissioned officer, professional soldier, or worker in a People’s Army unit or People’s Public Security unit who is disciplined in the form of being stripped of their soldier title, People's Public Security title, or removed from the military or public security;

- A person who is working under an employment contract for an agency, organization, or enterprise, unless that person is working under an employment contract for a notarial practice organization that he/she is serving the apprenticeship or that person signed an employment contract with an agency, organization, or enterprise with working hours that do not coincide with the working hours of the notarial apprenticeship organization.

(Clause 5, Article 3 of Circular 08/2023/TT-BTP)

2. Rights and obligations of apprentices in Vietnam

(1) An apprentice has the following rights:

+ The apprentice may receive support from the notarial apprenticeship organization to perform the apprenticeship skills and tasks as per Article 6 of Circular 08/2023/TT-BTP;

+ The apprentice may receive mentorship from the notary mentor as to apprenticeship skills and task, performance of rights and obligations;

+ The apprentice may change the notary mentor or the notarial apprenticeship organization as per Article 7 and Article 8 of Circular 08/2023/TT-BTP;

+ The apprentice may receive the recognition of apprenticeship completion as per Article 12 of Circular 08/2023/TT-BTP;

+ The apprentice may register to sit a notarial apprenticeship exam as per Article 17 of Circular 08/2023/TT-BTP;

+ Other rights as agreed with the notarial apprenticeship organization or as per the law.

(2) An apprentice has the following obligations:

+ Comply with the rules and regulations of the notarial apprenticeship organization;

+ Completely and diligently perform the apprenticeship tasks as specified in Article 6 of this Circular as assigned by the notary mentor;

+ Ensure daily apprenticeship time according to the working days and hours of the notarial apprenticeship organization;

+ Be responsible to the notary mentor and the notarial apprenticeship organization for the performance and progress of the assigned tasks;

+ Maintain confidentiality of notarial wording and related information that he/she knows during the apprenticeship process;

+ Keep an Apprenticeship journal and Apprenticeship performance report according to Article 11 of Circular 08/2023/TT-BTP;

+ Other obligations according to the Law on Notarization, this Circular and relevant legal documents and as agreed with the notarial apprenticeship organization.

(Article 13 of Circular 08/2023/TT-BTP)

More details can be found in Circular 08/2023/TT-BTP taking effect on November 20, 2023, replacing Circular 04/2015/TT-BTP.

Ho Quoc Tuan

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