Cases of termination of notary practice probation in Vietnam

Cases of termination of notary practice probation in Vietnam (Internet image)

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

1. Who is not allowed to register notary practice probation?

According to Clause 2, Article 2 of Circular 04/2015/TT-BTP, a person who falls into one of the following circumstances may not register as a trainee:

- Being in the case of not being appointed a notary according to the provisions of Article 13 of the Law on Notarization 2014;

- People who are currently cadres, civil servants, public employees (except for those working at the Notary Public), officers, professional soldiers, defense workers in agencies and units of the People's Army; officers, non-commissioned officers, workers in agencies and units of the People's Public Security.

2. Cases of termination of notary practice probation in Vietnam

Specifically, in Clause 1, Article 6 of Circular 04/2015/TT-BTP, a probationer terminates his/her probationary period in one of the following cases:

- Self-termination of probation;

- Being recruited as cadres, civil servants, and public employees (except for those working at the Notary Public), officers, professional soldiers, and defense workers in agencies and units of the People's Army; officers, non-commissioned officers, and workers in agencies and units of the People's Public Security;

- No longer permanently residing in Vietnam;

- Being convicted and the judgment has taken legal effect;

- Being subjected to administrative handling measures in accordance with the law on handling of administrative violations;

- Suspending the probationary period for more than the prescribed number of times or the probationary suspension period has expired as prescribed in Clause 2, Article 5 of Circular 04/2015/TT-BTP without continuing the probationary period;

Article 5. Suspension of notarial practice probation

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2. 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.

- Being removed from the List of Apprentices of the Department of Justice according to the provisions of Clause 1, Article 30 of Circular 04/2015/TT-BTP;

Article 30. Handling of violations of notarial practice probation

1. A probationer who violates the provisions of this Circular, has been warned or requested to correct by a public practice organization certifying his/her probation, but continues to violate the law, may be asked by the notarial practice organization to remove his/her name from the List of Apprentices of the Department of Justice.

- Being in the case of not being registered for notarial practice at the time of probation registration.

3. Rights and obligations of notary practice apprentices in Vietnam

3.1. Rights of notary practice apprentices in Vietnam

A notarial practice apprentice has the following rights:

- To be certified by a public practice organization as a trainee to facilitate the implementation of the probationary contents as prescribed in Article 7 of Circular 04/2015/TT-BTP; be entitled to remuneration according to an agreement with a public practice certification organization;

- To be guided by the probationary notary public on the contents of the probationary period and the exercise of the apprentice's rights and obligations;

- To request the change of a notary to guide the probationary period in the cases specified in Article 12 of Circular 04/2015/TT-BTP;

- To be registered to participate in the examination of results of notarial practice probation according to the provisions of Article 16 of Circular 04/2015/TT-BTP;

- Other rights as agreed with the public certification practice organization or as prescribed by law.

(Clause 1, Article 9 of Circular 04/2015/TT-BTP)

3.2. Obligations of notary practice apprentices in Vietnam

According to Clause 2, Article 9 of Circular 04/2015/TT-BTP, notarial practice apprentices have the following obligations:

- To comply with the provisions of the Law on Notarization 2014 and relevant legal documents;

- To comply with the rules and regulations of the public certification practice organization;

- To perform the tasks of the probationary contents specified in Article 7 of Circular 04/2015/TT-BTP as assigned by the notary to guide the trainee;

- To be answerable before the notary guiding the apprentice and the public practice organization certifying the apprentice for the results and progress of the assigned tasks;

- To submit the report on the results of notarial practice probation as prescribed in Article 8 of Circular 04/2015/TT-BTP;

- To keep confidential information about notarization contents and related information that they know during the probationary period;

- Other obligations as agreed with the public certification practice organization or as prescribed by law.

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