What is the marking scale of notarial apprenticeship examination in Vietnam from November 20, 2023?

What is the marking scale of notarial apprenticeship examination in Vietnam from November 20, 2023? (Internet image) 

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

1. What is the marking scale of notarial apprenticeship examination in Vietnam from November 20, 2023?

According to Article 24 of Circular 08/2023/TT-BTP, regulations on marking of notarial apprenticeship examination in Vietnam are as follows:

- Examination scripts are marked on a 100-point scale.

Each written test script is marked independently by two members of the Examination Board according to the given instructions, answers, and marking scale, as decided by the President of the Examination Board.

The mark of each test script is the average mark given by two examiners. If two examiners give marks that differ by 20 points or more, two other members of the Examination Board, as designated by the Head of the Examination Board, will re-mark the examinee's script. The mark given by the second group of examiners will be the official mark for the test.

Multiple choice test scripts are marked according to the instructions, answers, and marking scale, as decided by the President of the Examination Council.

- Successful examinees must have 50 marks or more on each examination test.

- Within 20 days from the end of the examination marking, the President of the Examination Council shall notify the examination results to the Department of Justice, Vietnam Notary Association and Notary Association of the locality where examinees live, and also post the examination results on the website of the Ministry of Justice.

Thus, txamination scripts are marked on a 100-point scale. Each written test script is marked independently by two members of the Examination Board according to the given instructions, answers, and marking scale, as decided by the President of the Examination Board. The mark of each test script is the average mark given by two examiners.

2. Skills and tasks required in notarial apprenticeship

- Skills and tasks in notarial apprenticeship include:

+ Skills in receiving and classifying notarization requests; skills in checking the authenticity and legality of documents included in the documentation seeking notarial service; skills in reviewing and identifying entities and active legal capacity of participants signing contracts and transactions;

+ Skills in dealing with notarization petitioners, behaving according to the Code of Ethics for notary practice; skills in explaining to notarization petitioners their legal rights, obligations and interests, the meaning and legal consequences of notarization; skills in explaining reasons for refusing notarization requests;

+ Skills in studying and proposing solutions to documentation seeking notarial service;

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

+ Skills in notarizing translations; skills in authenticating copies and authenticating signatures in documents;

+ Skills in drafting testimonies;

+ Checking, arranging, and classifying notarized and authenticated documents for record-keeping;

+ Skills in utilizing and using notary databases and applying information technology in notary activities;

+ Skills in administrating notarial practice organizations;

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

- Notary mentors shall instruct apprentices to perform the apprenticeship skills and tasks specified above.  For an apprentice with a 6-month apprenticeship period, the notary mentor must review and agree with the notarial apprenticeship organization on the required skills and tasks that the apprentice needs to be mentored in, and allocate time for each task/skill that is suitable for the apprentice.

(Article 6 of Circular 08/2023/TT-BTP)

3. Contents and formats of notarial apprenticeship examination in Vietnam

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

- Examination contents include:

+ Laws on notarization and authentication, Code of ethics of notarial practice and relevant regulations on notarization;

+ Performance of notarial skills and tasks as prescribed in Article 6 of Section 2.

- Examination formats include:

+ The first part is a written test. The allotted time is 180 minutes.

+ The second part is a computer-based multiple-choice test; or a paper-based multiple-choice test if the computer-based examination is unavailable.

The Ministry of Justice shall decide and announce the format of the second test in the proposed examination plan.

Nguyen Ngoc Que Anh

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