Cases ineligible to register for a notary apprenticeship in Vietnam

Regulations on registration of notarial apprenticeship in Vietnam

Pursuant to Article 3 of Circular 08/2023/TT-BTP, a list of qualified notarial apprenticeship organizations in a province or central-affiliated city (hereinafter referred to as province) shall be posted on the website of the Department of Justice of that province. A qualified person under the Law on Notarization shall apply for apprenticeship with a notarial practice organization on the list published by the Department of Justice for registration of notarial apprenticeship.

An application for registration of notarial apprenticeship includes:

- An application form for registration of notarial apprenticeship (Form No. TP-TSCC-01a or TP-TSCC-01b);

- Certificate of completion of notary training course, or certificate of completion of notary re-training course, or a certificate of recognition of equivalence if the applicant has completed an overseas notary training course (a certified copy or a copy with original for comparison).

The above-mentioned notarial apprenticeship organization shall assign a notary who is qualified to mentor the apprentice and certify the foregoing application form for registration of notarial apprenticeship. If the application is rejected, the reason must be explained in the application form or in a separate document.

The admitted applicant shall submit an application for registration of notarial apprenticeship as specified in clause 2 of Article 3 of Circular 08/2023/TT-BTP, in person, by post, or via online public administration center, to the Department of Justice of province where the said notarial apprenticeship organization is located.

Within 7 working days of receiving a valid and complete application, the Department of Justice shall issue and send a decision on registration of notarial apprenticeship (Form No. TP-TSCC-02) to the applicant and the notarial apprenticeship organization. If the application is rejected, a written explanation shall be provided.

If a qualified person is rejected although he/she has filed the application with at least 3 qualified notarial apprenticeship organizations in a province, or 1 qualified notarial apprenticeship organization in a province (if that province has up to 3 notarial apprenticeship organizations), he/she shall file the application with the Department of Justice for their designation.

Within 10 working days of receiving a valid and complete application, the Department of Justice shall designate the applicant to a specific notarial apprenticeship organization, and then issue and send a decision on registration of notarial apprenticeship (Form No. TP-TSCC-02) to the applicant and the notarial apprenticeship organization. If the application is rejected as that province does not have any qualified notarial apprenticeship organization, the Department of Justice shall provide a written explanation.  The rejected applicant may reapply in another province.

Where necessary, the Department of Justice may verify if an application for registration of notarial apprenticeship was rejected in accordance with the Law; the verification time limit is 10 days and does not include the time for reviewing and designating a notarial apprenticeship organization to the applicant or registering apprenticeship.

People who have been registered as apprentices by the Department of Justice are called notary apprentices. Apprentices have rights and obligations according to the Law on Notarization

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

Cases ineligible to register for a notary apprenticeship in Vietnam

Pursuant to Clause 5, Article 3, Circular 08/2023/TT-BTP, any person mentioned below is not eligible to register for a notary apprenticeship:

- 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.

Mai Thanh Loi

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