Contents and formats of notarial apprenticeship examination in Vietnam

Contents and formats of notarial apprenticeship examination in Vietnam (Image from the Internet)

1. Contents and formats of notarial apprenticeship examination in Vietnam

The contents and formats of notarial apprenticeship examination in Vietnam according to Article 16 of Circular 08/2023/TT-BTP are as follows:

- Examination content includes:

+ Examination on notarial laws, authentication, Code of Ethics in notarial practice, and related legal provisions in notarial activities;

+ Results of implementing apprentice contents as stipulated in Article 6 of Circular 08/2023/TT-BTP.

- Examination form includes:

+ The first test is a written examination. Duration of the test is 180 minutes.

+ The second test is a computer-based multiple-choice test; in case it is not feasible to organize a computer-based test, it will be a paper-based multiple-choice test.

The Ministry of Justice decides and notifies specifically about the form of the second test in the planned organization of the examination.

2. Skills and tasks required in notarial apprenticeship in Vietnam

The skills and tasks required in notarial apprenticeship according to Article 6 of Circular 08/2023/TT-BTP is as follows:

- Skills and tasks required in notarial apprenticeship includes:

+ Skills in receiving and categorizing notarial requests; skills in verifying the authenticity and legality of documents in the notarial request file; skills in examining and identifying subjects, civil act capacity of individuals participating in contract or transaction signing;

+ Skills in dealing with notarial requesters, particularly in accordance with the Code of Ethics in notarial practice; skills in explaining to notarial requesters about their rights and obligations as well as the legal benefits, importance, and legal consequences of notarization; skills in explaining reasons for refusal of notarization requests;

+ Skills in researching and proposing solutions for notarial request files;

+ Skills in drafting contracts and transactions as requested by notarial requesters; skills in verifying authenticity and legality of draft contracts and transactions prepared by notarial requesters; verification skills;

+ Skills in notarizing translations; skills in certifying copies, certifying signatures in documents and papers;

+ Skills in drafting notarial testimonies;

+ Checking, organizing, classifying notarized and authenticated files for archiving;

+ Skills in exploiting and using notarial databases and applying information technology in notarial activities;

+ Skills in managing notarial practice organizations;

+ Other skills and tasks related to notarial practice as assigned by the guiding notary.

- The guiding notary instructs the apprentice in implementing the apprentice content stipulated in clause 1 Article 6 of Circular 08/2023/TT-BTP. For those with an apprenticeship period of 6 months, the guiding notary will review and agree with the notarial practice organization on which content to focus on and allocate suitable time for each content for the apprentice.

3. Regulation on change of notary mentors in Vietnam

Regulations on change of notary mentors in Vietnam according to Article 7 of Circular 08/2023/TT-BTP are as follows:

- The change of the guiding notary for apprenticeship is executed under the following circumstances:

+ Failure to fully perform the duties as stipulated in Article 14 of Circular 08/2023/TT-BTP;

+ Death, loss of civil act capacity, restriction of civil act capacity, difficulty in comprehension or behavior control, or due to other objective reasons that prevent the continuation of guiding the apprenticeship;

+ Being temporarily suspended from notarial practice, dismissed as a notary or no longer practicing at the notarial practice organization receiving apprenticeships;

+ Being disciplined, administratively sanctioned in notarial activities or found not qualified to guide the apprentice at the time of accepting the apprenticeship guidance.

- Within 5 working days from the date the guiding notary falls into one of the circumstances stipulated in clause 1 Article 7 of Circular 08/2023/TT-BTP, the notarial practice organization shall assign another qualified notary to continue guiding the apprentice and notify in writing to the Department of Justice; in case there are no remaining qualified notaries, the notarial practice organization shall notify in writing to the Department of Justice.

Within 7 working days from the date of receiving the notification from the notarial practice organization, the Department of Justice is responsible for designating another notarial practice organization to receive the apprentice; in case there are no qualified notarial practice organizations in the locality, a written explanation stating the reasons shall be provided to the apprentice. The apprentice has the right to change the apprenticeship location to a notarial practice organization in another province or centrally-governed city to continue the apprenticeship.

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