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THE MINISTRY OF
JUSTICE
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 08/2023/TT-BTP
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Hanoi, October 2,
2023
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CIRCULAR
ON
NOTARIAL APPRENTICESHIP
Pursuant to the Law on
Notarization dated June 20, 2014;
Pursuant to Government’s
Decree No. 29/2015/ND-CP dated March 15, 2015 on elaboration of the Law on
Notarization;
Pursuant to Government's
Decree No. 98/2022/ND-CP dated November 29, 2022 on functions, tasks, powers,
and organizational structure of the Ministry of Justice;
At the request of Director
of Department of Judicial Assistance,
The Minister of Justice
promulgates a Circular on notarial apprenticeship.
Chapter I
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Article 1. Scope
This Circular lays down
notarial apprenticeship and notarial apprenticeship management; notarial apprenticeship
examination; actions against violations, resolution of complaints and
whistleblowing reports on notarial apprenticeship and notarial apprenticeship
examination.
Article 2. Regulated
entities
This Circular applies to notary
apprentices; notarial apprenticeship examinees; notary mentors; notarial
practice organizations that admit notary apprentices (hereinafter referred to
as notarial apprenticeship organizations); socio-professional organizations of
notaries; notarial authorities and relevant entities.
Chapter II
NOTARIAL APPRENTICESHIP
Article 3. Registration of
notarial apprenticeship
1. 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.
2. An application for
registration of notarial apprenticeship includes:
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b) 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 admitted applicant shall
submit an application for registration of notarial apprenticeship as specified
in clause 2 of this Article, 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.
4. 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 on Notarization and this
Circular; 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.
5. Any person mentioned below
is not eligible to register for a notary apprenticeship:
a) 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;
b) A person who is subject to
an administrative sanction as per law on administrative sanctions;
c) A person who is
incapacitated or has limited legal capacity or has limited cognition or
behavior control;
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dd) 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;
e) 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.
6. People who have been
registered as apprentices by the Department of Justice are called notary
apprentices (hereinafter referred to as apprentices). Apprentices have rights
and obligations according to the Law on Notarization and this Circular.
Article 4. Refusal to mentor
apprentices
1. Notaries assigned to mentor
apprentices must refuse in case they do not meet the requirements for mentoring
apprentices according to the Law on Notarization or have other legitimate
reasons and must notify the notarial apprenticeship organization in writing
within 3 working days from the date of assignment.
2. Within 3 working days of
receiving the notary's notice of refusal to mentor the apprentice, the notarial
practice organization shall consider assigning another qualified notary to
mentor the apprentice or report in writing to the Department of Justice if they
do not have any qualified notary. Within 7 working days of receiving such
a notice from the notarial practice organization, the Department of Justice
shall designate another notarial apprenticeship organization. In case there is
no qualified notarial apprenticeship organization, the Department of Justice
shall provide a written notice clearly stating the reason for the applicant.
Article 5. Notarial
apprenticeship period
1. The notarial apprenticeship
period (hereinafter abbreviated as the apprenticeship period) specified in
Clause 1, Article 11 of the Notary Law is calculated from the effective date of
the decision on registration of notarial apprenticeship.
2. If the apprentice changes
notarial practice organizations under Article 8 of this Circular, the official
apprenticeship period is the total time the apprentice was apprenticed at all
of the notarial practice organizations.
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1. Skills and tasks in notarial
apprenticeship include:
a) 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;
b) 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;
c) Skills in studying and
proposing solutions to documentation seeking notarial service;
d) 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;
dd) Skills in notarizing
translations; skills in authenticating copies and authenticating signatures in
documents;
e) Skills in drafting
testimonies;
g) Checking, arranging, and
classifying notarized and authenticated documents for record-keeping;
h) Skills in utilizing and
using notary databases and applying information technology in notary
activities;
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k) Other skills and tasks
related to notarization as assigned by the notary mentor.
2. Notary mentors shall
instruct apprentices to perform the apprenticeship skills and tasks specified
in Clause 1 of this Article. 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 7. Change of notary
mentors
1. A notary mentor is changed
if he/she falls into one of the following:
a) He/she fails to perform the
obligations specified in Article 14 of this Circular;
b) He/she dies, becomes
incapacitated, has limited legal capacity, has limited cognition or behavior
control, or has another legitimate reason for discontinuing mentorship of the
apprentice;
c) He/she is temporarily
suspended from practicing notary practice, dismissed as a notary, or no longer
practices at a notarial apprenticeship organization;
d) He/she is disciplined,
administratively sanctioned in notary practice, or found ineligible to be a
mentor at the time of accepting mentorship.
2. Within 5 working days of a
notary mentor falling into a case specified in Clause 1 of this Article, the
notarial apprenticeship organization must assign another qualified notary to
continue the mentorship and notify the Department of Justice in writing. If
there are no more notaries qualified to mentor the apprentice, the notarial
practice organization must notify the Department of Justice in writing.
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Article 8. Change of
notarial apprenticeship organizations<0}
1. An apprentice may change
their notarial apprenticeship organization in any of the following:
a) The notarial apprenticeship
organization is suspended, ceases operation, is dissolved, or is converted into
another type of business entity under the Law on Notarization and other
relevant laws;
b) The notarial apprenticeship
organization is no longer eligible for apprenticeship according to the Law on
Notarization;
c) The notary mentor must be
changed according to this Circular and the notarial practice organization no
longer has other notaries qualified to mentor the apprentice;
d) The apprentice is an officer
of a public notary office who is transferred to another public notary office;
dd) The apprentice changes
their place of residence to another province and seeks to change the notarial
apprenticeship organization, or falls into the cases in Points a and b and c in
this clause but there is no more qualified notarial apprenticeship organization
in their province.
2. In case of changing the
notarial apprenticeship organization within the same province according to
Points a, b, c and d, Clause 1 of this Article, the apprentice must contact the
new notarial apprenticeship organization or propose the Department of Justice
to arrange a new notarial apprenticeship organization according to Article 3 of
this Circular.
Within 3 working days of
receiving the admission of the new notarial apprenticeship organization, the
apprentice shall send an application for change of the notarial apprenticeship
organization (Form TP-TSCC-03) to the Department of Justice where the
apprentice is registered. Within 5 working days from the date of receipt of the
application, the Department of Justice shall send a notice of approval for the
change to the apprentice, the old notarial apprenticeship organization, and the
new notarial apprenticeship organization. If the application is rejected, the
Department of Justice shall provide the applicant with a written explanation.
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3. In case of transfer to
another notarial apprenticeship organization in another province according to
Point dd, Clause 1 of this Article, the apprentice shall send an application
for change of notarial apprenticeship organization to the Department of Justice
where the apprentice has been registered. Within 5 working days of
receiving the application, the Department of Justice shall deregister the
notarial apprenticeship (Form TP-TSCC-04) and then send a notice to the
apprentice and the notarial apprenticeship organization. The apprentice shall
contact or request the Department of Justice to designate a notarial
apprenticeship organization and register apprenticeship at the new notarial
apprenticeship as prescribed in Article 3 of this Circular to continue the
apprenticeship. The application for registration of apprenticeship must be
accompanied by a decision on apprenticeship deregistration as per this clause.
Article 9. Suspension of
notarial apprenticeship
1. An apprentice may suspend
their apprenticeship in any of the following cases:
a) The apprentice takes
maternity leave, medical leave, or other authorized leave;
b) The notarial apprenticeship
organization must suspend operations due to force majeure events, or be
suspended but the apprentice does not apply for changing the notarial
apprenticeship organization.
2. In the case specified in
Point a, Clause 1 of this Article, the apprentice must notify the notarial
practice organization where he or she is practicing in writing at least 5
working days before the suspension date and provide documentation supporting
the reason for suspension.
The notarial apprenticeship
organization must notify the Department of Justice in writing within 5 working
days from the date of suspension in a case specified in Clause 1 of this
Article; the notice must clearly state the reason and duration of suspension.
3. Apprentices with a 12-month
apprenticeship period may suspend their apprenticeship up to two times for a
maximum of six months each time. Apprentices with a 6-month apprenticeship
period may suspend their apprenticeship up to two times for a maximum of three
months each time.
4. The apprenticeship
suspension period is not included in the apprenticeship period.
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Article 10. Termination of
notarial apprenticeship, re-registration of apprenticeship
1. The apprenticeship ends when
the apprentice falls into one of the following cases:
a) The apprentice terminates
their apprenticeship;
b) The apprentice is a/an
official or public employee (except an public employee working for a public
notary office), any commissioned officer, professional soldier, national
defense worker in a People’s Army unit; any commissioned officer,
non-commissioned officer, or worker in a People’s Public Security unit;
c) The apprentice 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 practice
organization providing the apprenticeship;
d) The apprentice no longer
permanently resides in Vietnam;
dd) The apprentice becomes
incapacitated or has limited legal capacity or has limited cognition or
behavior control;
e) The apprentice faces a
criminal prosecution or is convicted of a crime under a legally effective
judgment of the Court;
g) The apprentice is subject to
an administrative sanction;
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i) The apprentice suspends the
apprenticeship not in accordance with regulations; or suspends the
apprenticeship more than the prescribed number of times, or fails to resume the
apprenticeship after the apprenticeship suspension period expires;
k) The apprenticeship is
terminated by the Department of Justice according to Clause 1, Article 30 of
this Circular;
l) The apprentice is not
eligible for registration of the notarial apprenticeship at the apprenticeship
registration time.
2. Within 5 working days from
the date the apprentice terminates his/her apprenticeship in the cases
specified in Points a, b, c, d, dd, e, g, h, i and l, Clause 1 of this Article,
the notarial apprenticeship organization must report in writing to the
Department of Justice, clearly stating the reason for the apprentice's
termination. Within 5 working days of receiving the report, the Department of
Justice shall issue a decision on termination of the notarial apprenticeship
(Form TP-TSCC-05) and then send a notice to the apprentice and the notarial
apprenticeship organization.
3. The person who has their
apprenticeship terminated as prescribed in clause 1 of this Article may
re-register apprenticeship when he/she meets the eligibility requirements for
apprenticeship as prescribed in this Circular and falls into any of the
following:
a) The reason for termination
of apprenticeship specified in Points a, b, c, d, dd and h, Clause 1 of this
Article no longer exists;
b) A decision on suspension of
investigation or suspension of the case is issued, or the legally effective judgment
of the Court declares the person not guilty; his/her conviction record has been
expunged, except for convictions of intentional crime;
c) He/she has finished abiding
by an administrative sanction as per the law on administration sanctions;
d) After 2 years from the
effective date the Department of Justice's decision on termination of the
apprenticeship in the cases specified in Points k and l, Clause 1 of this
Article.
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5. Apprenticeship application
and procedures are carried out as similarly as those prescribed Article 3 of
this Circular.
6. The apprenticeship period
before the apprenticeship termination is not included in the apprenticeship
period.
Article 11. Apprenticeship
journal and Apprenticeship performance report
1. The apprentice must record
their daily apprenticeship-related tasks in an apprenticeship journal (Form TP-TSCC-06).
The apprenticeship journal is certified weekly by the notary mentor and is
certified by notarial apprenticeship organization at the end of the
apprenticeship period.
In case the apprentice changes
the notarial apprenticeship organization, he or she must keep an apprenticeship
journal for each notarial practice organization where he or she is apprenticed.
Certification by notary mentor and notarial apprenticeship organization shall
comply with the provisions of this Clause.
2. The apprentice shall make an
Apprenticeship performance report on their apprenticeship process and
performance. The Apprenticeship performance report must have all the contents
and meet the requirements specified in Form TP-TSCC-07, with comments from the
notary mentor and certification from the notarial apprenticeship organization
at the end of the apprenticeship period.
In case the apprentice changes
the notarial apprenticeship organization, he/she must make an Apprenticeship
performance report to report on entire apprenticeship process at that
organization. The report clearly states the names of the notarial
apprenticeship organizations, details about the notary mentors and the
apprenticeship performance at each organization. The final notary mentor and
the final notarial apprenticeship organization is responsible for commenting
and certifying the Apprenticeship performance report according to this Clause
and is only responsible for the apprenticeship performance at their
organization.
Article 12. Notarial
apprenticeship completion
1. Within 15 days from the end
of the apprenticeship period, the apprentice must submit an application for
recognition of completion of the apprenticeship, accompanied by the
Apprenticeship performance report and Apprenticeship journal (certified copy or
copy attached with the original for comparison) to the Department of Justice
where the apprentice is registered. Within 10 days from the date of receipt of
the application, the Department of Justice shall issue a decision to recognize
the completion of the notarial apprenticeship (Form TP-TSCC-08); in case of
refusal, a written response must be provided clearly stating the reason.
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a) The apprentice meets the
apprenticeship requirements and does not fall into the cases in which
apprenticeship registration is not permitted;
b) The notary mentor is
qualified to mentor the apprentice and is not subject to change during the
mentorship process;
c) The apprentice completes the
apprenticeship period; submits an Apprenticeship performance report and an
Apprenticeship journal on time; meets the requirements specified in this
Circular and the attached forms; and fully performs other obligations of an
apprentice.
3. If a person is recognized
for completing an apprenticeship and is later found ineligible, the Department
of Justice shall cancel the recognition. A person whose apprenticeship
performance is canceled may re-register for apprenticeship if they meet the
apprenticeship requirements specified in this Circular.
Article 13. Rights and
obligations of apprentices
1. An apprentice has the
following rights:
a) The apprentice may receive
support from the notarial apprenticeship organization to perform the
apprenticeship skills and tasks as per Article 6 of this Circular;
b) The apprentice may receive
mentorship from the notary mentor as to apprenticeship skills and task,
performance of rights and obligations;
c) The apprentice may change
the notary mentor or the notarial apprenticeship organization as per Article 7
and Article 8 of this Circular;
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dd) The apprentice may register
to sit a notarial apprenticeship exam as per Article 17 of this Circular;
e) Other rights as agreed with
the notarial apprenticeship organization or as per the law.
2. An apprentice has the
following obligations:
a) Comply with the rules and
regulations of the notarial apprenticeship organization;
b) Completely and diligently
perform the apprenticeship tasks as specified in Article 6 of this Circular as
assigned by the notary mentor;
c) Ensure daily apprenticeship
time according to the working days and hours of the notarial apprenticeship
organization;
d) Be responsible to the notary
mentor and the notarial apprenticeship organization for the performance and
progress of the assigned tasks;
dd) Maintain confidentiality of
notarial wording and related information that he/she knows during the
apprenticeship process;
e) Keep an Apprenticeship
journal and Apprenticeship performance report according to Article 11 of this
Circular;
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Article 14. Rights and
obligations of notary mentors
1. Mentor apprentices on the
apprenticeship skills and tasks as prescribed in Article 6 of this Circular.
2. Monitor and assess the performance
of the apprentice they mentor; take responsibility for the performance and
progress of the tasks that their apprentice has done according to their
assignment and mentorship.
3. Make a certification in the
Apprenticeship journal; comment and evaluate the apprenticeship in the
Apprenticeship performance report and take responsibility for the accuracy,
honesty, and objectivity in their certification and evaluation.
4. The rights and obligations
according to the Law on Notarization and this Circular.
Article 15. Rights and
obligations of notarial apprenticeship organizations
1. Assign qualified notary
mentors to instruct apprentices and take responsibility for that assignment;
monitor and promptly address cases where notary mentors or apprentices are no
longer qualified.
2. Prepare, manage, and use
notarial apprenticeship logbook of notarial practice organizations (Form
TP-TSCC-09) each year.
The apprenticeship logbook must
record the date of opening the book, the date of closing the book and be stamped
as per the law.
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4. Manage apprentices during
their apprenticeship at their organization; monitor and supervise the
performance of notary mentors; ensure the performance of rights and obligations
of apprentices
5. Report to the Department of
Justice on the admission and mentorship of apprentices at their organization on
an annual basis. The annual reporting period is from January 1 to December 31
of each year. Within 15 days from the end of the year, notarial apprenticeship
organizations must send reports to the Department of Justice.
The report includes at least:
a) Number and basic information
about apprentices, suspension of apprenticeship, change of notarial
apprenticeship organizations, change of notary mentors, termination of
apprenticeship, apprenticeship de-registration;
b) Evaluate the quality of the
apprentice's apprenticeship;
c) The performance of rights
and obligations of notarial practice organizations and apprentices and
responsibilities of notary mentors according to this Circular;
d) Difficulties and problems in
the process of implementing legal regulations on apprenticeship (if any) and
suggestions and recommendations.
6. Other rights and obligations
as agreed with apprentices, according to the Law on Notarization and relevant
legal documents.
Chapter III
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Article 16. Contents and
formats of examination
1. Examination contents
include:
a) Laws on notarization and
authentication, Code of ethics of notarial practice and relevant regulations on
notarization;
b) Performance of notarial
skills and tasks as prescribed in Article 6 of this Circular.
2. Examination formats include:
a) The first part is a written
test. The allotted time is 180 minutes.
b) 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.
Article 17. Registration for
examination
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a) He/she has received the
recognition of apprenticeship completion as per Article 12 of this Circular;
b) He/she was qualified to take
the previous examination but later applied to postpone participation and was
approved by the Apprenticeship Examination Council;
c) He/she failed the previous
examination, except that he/she failed three previous examinations but he/she
has not taken another apprenticeship.
2. An apprentice may not
register for an examination if:
a) He/she has not been
recognized as completing the notarial apprenticeship;
b) He/she was recognized as
completing notarial apprenticeship but the recognition was cancelled later;
c) He/she copied another
person's apprenticeship performance report or committed fraudulent or dishonest
acts to register for the examination.
3. The registrant for the
examination must submit a set of registration documents to the Department of
Justice where the apprentice is registered, either directly, by mail, or
through the online public administrative center. Required registration
documents:
a) A registration form to take
the notarial apprenticeship examination (Form TP-TSCC-10);
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c) An apprenticeship
performance report;
d) Proof of payment of fees for
the appraisal of notary standards and requirements.
The documents specified in
Points b, c and d, Clause 1 of this Article are certified copies or photocopies
accompanied by originals for comparison. People who were postponed from taking
the previous examination only need to submit a registration form stating the
postponement.
4. Within 15 days of receiving
complete and valid documents, the Department of Justice shall notify the
registrant of their eligibility to request the Ministry of Justice to take the
examination. In case of refusal, the Department of Justice shall provide
explanation in writing.
5. The person who is notified
by the Apprenticeship Examination Council as eligible to take the examination
is called the examinee. A person who is ineligible to take the examination or
who is qualified but does not take the examination will not have their documents
and paid fees returned. If they re-register for the next examination, they must
submit documents and pay fees as prescribed in Clause 3 of this Article.
Article 18. Responsibilities
for conducting examinations
1. The Ministry of Justice
shall conduct notarial apprenticeship examinations according to this Circular
and other relevant legal regulations.
2. The expected plan for
conducting the examination will be notified by the Ministry of Justice to the
Departments of Justice and posted on the Ministry of Justice's website at least
2 months before the date of the examination. The Department of Justice shall
publish the notice of submission of registration documents to take the
examination according to this Circular and the proposed plan of the Ministry of
Justice; make a list of examinees enclosed with their written requests to the
Ministry of Justice to take the examination and their registration documents.
Article 19. Apprenticeship
Examination Council
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2. The Examination Council is
composed of 7 to 9 people:
a) The leader of the Ministry
of Justice is the President of the Council;
b) The leader of the Department
of Judicial Assistance is the Deputy President of the Council;
c) Council members are proposed
by the Director of the Department of Judicial Assistance, including
representatives of certain units affiliated to the Ministry of Justice,
representatives of the Vietnam Association of Notaries, and representatives of
some Notary Associations.
3. The Examination Council is
assisted by the Secretariat, Examination Paper Board, Invigilation Board,
Answer Sheet Heading Board, Marking Board and Review Board (hereinafter
referred to as the Boards of the Examination Council).
4. Members of the Examination
Council and Boards of the Examination Council cannot be relatives of examinees:
including their spouses; biological parents, adoptive parents, parents-in-law,
biological children, adoptive children, biological siblings, and siblings-in-law.
Article 20. Duties and
powers of the Examination Council
1. Issue a plan to conduct the
examination and decide amendments to the plan where necessary; issue
examination regulations and documents related to the examination.
2. Establish Boards of the Examination
Council.
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4. Direct the setting of exam
papers; conduct the examination, mark examination scripts, review examination
scripts, and announce test results.
5. Provide passing certificates
to successful examinees.
6. Cancel the examination
results and revoke the passing certificate when there are grounds to believe
that the examinee was not allowed to register as an apprentice but was still on
apprenticeship, or was ineligible to take the examination but still registered
to take the examination or committed other fraudulent acts or violations that
change their apprenticeship performance, the examination taking and the
examination results.
In case an examinee is
discovered to fall into one of the above cases at the time the Examination
Council has been dissolved, the Minister of Justice shall consider cancelling
the examination results and revoke their passing certificate.
7. Report and be held accountable
to the Minister of Justice for the conduction and results of the examination.
8. Other tasks and powers
according to this Circular.
Article 21. Duties and
powers of the President of the Examination Council and members of the
Examination Council
1. The President of the
Examination Council has the following duties and powers:
a) Perform the tasks and powers
of the Examination Council specified in Article 20 of this Circular; be
accountable to the Minister of Justice for performing the tasks and powers of
the Examination Council;
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c) Decide on the number of
members, tasks, and powers of the Boards of the Examination Council;
d) Decide on the official
examination papers to be used for each examination period;
dd) d) Set regulations and
instructions on testing methods and marking scales; direct the marking of
written tests, recording of examination marks, and review of examination
scripts;
e) Take responsibility for
management of examination scripts, test results and other relevant documents
according to regulations;
g) Take actions against
violations of examination regulations within their competence;
h) Resolve complaints and
whistleblowing reports related to the examination within their competence.
2. Other members of the
Examination Council perform tasks as assigned by the President of the
Examination Council and are held accountable to the President of the
Examination Council.
Article 22. Supervisory
Board
1. The Minister of Justice shall
establish a Supervisory Board at the request of the Director of the Department
of Judicial Assistance. The Supervisory Board is composed of the Head of the
Board and 2 (two) members.
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a) Supervise the conduction of
examination;
b) Detect and recommend actions
to be taken against violations of examination regulations;
c) Request the Examination
Council to take measures to ensure that the examination takes place safely,
seriously, and in accordance with regulations.
3. Matters to be supervised:
a) Supervise the implementation
of regulations on examination, the performance of duties and powers of members
of the Examination Council and Boards of the Examination Council;
b) Supervise the conduction of
the examination;
c) Supervise the implementation
of regulations of the Examination Council and the resolution of complaints and
whistleblowing reports related to the examination.
4. The Supervisory Board shall
be held accountable to the Minister of Justice for its supervision activities
and report to the Minister of Justice on the results of supervision after each
examination period.
Article 23. Rights and
obligations of examinees
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2. Comply with the internal
regulations of the examination and the decisions and announcements of the
Examination Council; be subject to penalties for violations according to law
and examination regulations.
3. Be granted a notarial
apprenticeship passing certificate in case they pass the examination.
4. Other rights and obligations
according to this Circular and other relevant legal documents.
Article 24. Examination
marking
1. 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.
2. Successful examinees must
have 50 marks or more on each examination test.
3. 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.
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1. Examination scripts must be
sealed immediately after the end of the examination; answer sheet headings and
examination marks must be sealed at the end of each working day and immediately
after finishing giving codes, cutting off, and matching of answer sheet
headings, marking written test scripts, and recording examination marks.
2. Examination scripts and
examination results are kept at the Ministry of Justice for a period of 3 years
from the examination date. Examination registration documents are kept
for a period of 1 year from the examination date.
3. At the end of the time
specified in Clause 2 of this Article, the Minister of Justice shall invalidate
the kept examination scripts, examination results, and examination registration
documents.
Article 26. Review of
examination scripts
1. Examinees who disagree with
their written or paper-based multiple-choice test marks may request a review
with the President of the Examination Council within 15 days of the results
being posted on the Ministry of Justice's website. Computerized-based
multiple-choice test scores are not reviewable.
2. Within 15 days from the end
of the deadline for receiving the review application, the President of the
Examination Council shall decide to establish a Review Board. The Review Board
is composed of the Head of the Board and 2 (two) members. Members of the Answer
Sheet Heading Board and Marking Board cannot be members of the Review Board.
3. The marking in examination
review is carried out according to Article 24 of this Circular. The results of
the examination review must be approved by the President of the Examination
Council and shall be final and conclusive.
Chapter IV
MANAGEMENT OF NOTARIAL APPRENTICESHIP
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1. The Department of Judicial
Assistance, Ministry of Justice has the following tasks and powers:
a) Provide guidance and answer
questions related to the implementation of this Circular;
b) Help the Minister of Justice
build a bank of questions and answers for multiple-choice tests and other tasks
to conduct notarial apprenticeship examinations;
c) Inspect, take actions
against violations, and resolve complaints and whistleblowing reports regarding
notarial apprenticeship as per the law;
d) Perform other rights and
obligations according to the Law on Notarization, this Circular and other
relevant legal documents.
2. The Ministry Inspectorate,
the Judicial Academy, the Personnel Organization Department, and relevant units
under the Ministry of Justice perform their duties and powers related to
notarial apprenticeship and coordinate with Department of Judicial Assistance
in carrying out the tasks and powers specified in Clause 1 of this Article.
Article 28. Duties and
powers of the Department of Justice of provinces
1. Appoint a qualified notarial
apprenticeship organization in the province; consider approval for notarial
practice organization's refusal to apprenticeship, or notary mentor’s refusal
to apprenticeship as per the regulations.
2. Register apprenticeship,
deregister apprenticeship, change notarial apprenticeship organization, suspend
apprenticeship, terminate apprenticeship, recognize completion of
apprenticeship as per the regulations.
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4. Establish a notarial
apprenticeship logbook of the Department of Justice; promptly update
information on apprenticeship registration, change of notary mentors, change of
notarial apprenticeship organizations, suspension of apprenticeship,
termination of apprenticeship, recognition of completion of the apprenticeship
in the apprenticeship logbook and the software that monitors notarial
apprenticeship organizations of the Ministry of Justice.
5. Monitor and manage the
admission of apprentices, the mentorship, and the apprenticeship according to
this Circular and relevant legal regulations.
6. Inspect, take actions
against violations, and resolve complaints and whistleblowing reports regarding
notarial apprenticeship as per the law.
7. Perform other rights and
obligations according to the Law on Notarization, this Circular and other
relevant legal documents.
Article 29. Duties and
powers of socio-professional organizations of notaries
1. Gather and reflect the
thoughts, aspirations, constructive feedback, and recommendations related to
notarial apprenticeship of apprentices, notary mentors, and notarial apprenticeship
organizations to inform the notarization authorities.
2. Monitor and supervise
notarial apprenticeship organizations, notary mentors and apprentices; have
solutions to support apprentices and notary mentors when they have difficulties
and problems; request competent authorities to take actions against violations
of notarial apprenticeship as per the law.
3. Join the conduction of the
notarial apprenticeship examination at the request of the Ministry of
Justice and Department of Justice.
4. Perform other rights and
obligations according to the Law on Notarization, this Circular and other
relevant legal documents.
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ACTIONS AGAINST VIOLATIONS AND RESOLUTION OF
COMPLAINTS AND WHISTLEBLOWING REPORTS
Article 30. Actions against violations
in notarial apprenticeship
1. If an apprentice violates
the provisions of this Circular and has been warned and requested correction in
writing at least 3 times by the notarial apprenticeship organization but still
continues to violate the law, then the notarial apprenticeship organization
shall request the Department of Justice to consider terminating his/her
notarial apprenticeship. In case a notarial practice organization intentionally
covers up and does not report to the Department of Justice, the Department of
Justice will conduct an inspection and take further actions as per the law.
2. If a notary mentor refuses
to instruct an apprentice without a legitimate reason and violates the
provisions of this Circular and relevant legal documents, he/she shall be,
depending on the nature and severity of the violation, subject to a form of
sanctions prescribed by law.
3. If a notarial practice
organization whose name is on the list of qualified apprenticeship
organizations refuses to admit apprentices without a legitimate reason, or it
appoints unqualified notary mentors to instruct apprentices, or it violates
other regulations of this Circular and other relevant legal documents, it
shall, depending on the nature and severity of the violation, face sanctions as
per the law.
Article 31. Actions against
violations by members of the Examination Council, Boards of the Examination
Council and Supervisory Board
If members of the Examination
Council, Boards of the Examination Council and the Supervisory Board violate
the provisions of this Circular and other relevant legal documents, they shall,
depending on the nature and extent of the violation, be disciplined,
administratively fined, or prosecuted for criminal liability as per the law.
Article 32. Complaints about
notarial apprenticeship and apprenticeship examinations
1. Apprentices, notaries, and
notarial practice organizations have the right to complain about administrative
decisions and administrative acts regarding apprenticeship that are issued/performed
the Department of Justice and competent persons of the Department of Justice
when there are grounds to claim that such decisions or acts violates their
legitimate rights and interests.
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2. Within 30 days from the end
of the notarial apprenticeship examination, examinees have the right to
complain about the decisions and acts of the Examination Council and
Council members, members of the Boards of the Examination Council when there
are grounds to believe that such decisions or acts violate their legitimate
rights and interests.
The President of the
Examination Council shall resolve complaints within 30 days of receiving the
complaint.
In case the time limit specified
in this Clause expires and the complaint is not resolved, or the examinee
disagrees with the complaint resolution of the President of the Examination
Council or the Examination Council has been dissolved, the examinee shall have
the right to lodge a complaint with the Minister of Justice. The time
limit for resolving complaints by the Minister of Justice is 30 days from the
date of receipt of the complaint. The complaint-resolution decision of the
Minister of Justice is final and conclusive.
Article 33. Whistleblowing
reports on notarial apprenticeship
Citizens have the right to file
a whistleblowing report with competent agencies, organizations, and individuals
about violations of regulations on notarial apprenticeship according to the Law
on Notarization, this Circular and other relevant laws.
Settlement of whistleblowing
case is carried out in accordance with the law on whistleblowing reports.
Chapter VI
IMPLEMENTATION
Article 34. Attached forms
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1a. Application form for
registration of notarial apprenticeship (Applicable to cases in which the
apprentice has been admitted by a notarial apprenticeship organization) (Form
TP-TSCC-01a);
1b. Application form for
registration of notarial apprenticeship (Applicable to cases in which the
apprentice has not been admitted by a notarial apprenticeship organization)
(Form TP-TSCC-01b);
2. Decision on registration of
notarial apprenticeship (Form TP-TSCC-02);
3. Application for change of
notarial apprenticeship organization (Form TP-TSCC-03);
4. Decision on deregistration
of notarial apprenticeship (Form TP-TSCC-04);
5. Decision on termination of
notarial apprenticeship (Form TP-TSCC-05);
6. Apprenticeship journal (Form
TP-TSCC-06);
7. Apprenticeship performance
report (Form TP-TSCC-07);
8. Decision on recognition of
notarial apprenticeship completion (Form TP-TSCC-08);
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10. Registration form to take the
notarial apprenticeship examination (Form TP-TSCC-10);
11. Notarial apprenticeship
logbook of the Department of Justice (Form TP-TSCC-11).
Article 35. Transitional
provisions
1. People who have completed
their apprenticeship before January 1, 2015 but have not been appointed as a
notary before this Circular takes effect will have their apprenticeship
performance recognized and must take a notarial apprenticeship examination
according to this Circular.
2. People who are on
apprenticeship under the provisions of Circular No. 04/2015/TT-BTP dated April
15, 2015 of the Minister of Justice at the time this Circular takes effect will
have their finished apprenticeship period recognized and continue their
remaining apprenticeship time according to this Circular. The apprentice shall
prepare an apprenticeship journal from the time of continuing the
apprenticeship according to this Circular; prepare a report on apprenticeship
performance according to this Circular.
Apprentices who have suspended
their apprenticeship a sufficient number of times according to Circular No.
04/2015/TT-BTP may not suspend their apprenticeship again.
3. People who are qualified for
apprenticeship and have submitted an application for apprenticeship
registration before the effective date of this Circular will have their
apprenticeship and apprenticeship registration carried out in accordance with
this Circular.
4. People who terminate their
apprenticeship before the effective date of this Circular will be considered
for re-registration of apprenticeship when they meet the requirements for
apprenticeship registration according to this Circular.
5. People who have completed
the apprenticeship according to Circular No. 04/2015/TT-BTP can register to
take the notarial apprenticeship examination according to this Circular. The
registration documentation to take the examination includes the documents
specified in Points a, c and d, Clause 3, Article 17 of this Circular.
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7. If an apprentice completes
their apprenticeship under Circular No. 04/2015/TT-BTP but is later found not
to meet the requirements under Circular No. 04/2015/TT-BTP after the effective
date of this Circular, the Department of Justice will issue a decision to
cancel the apprenticeship performance.
8. Examination scripts and
results of notarial apprenticeship examinations conducted under Circular No.
04/2015/TT-BTP that have expired for record-keeping purposes must be
invalidated in accordance with Clause 3, Article 25 of this Circular.
Registration documentation to
take notarial apprenticeship examinations conducted according to Circular No.
04/2015/TT-BTP are invalidated according to Clause 3, Article 25 of this
Circular.
9. When connecting to the
National Population Database, officials, public employees, and individuals
assigned to receive and handle administrative procedures in notarial
apprenticeship will use the gender information of registrants for notarial
apprenticeship, notary apprentices, and apprenticeship examinees stored in that
database, without requiring citizens to fill in gender information in the forms
issued with this Circular.
Article 36. Entry into force
This Circular comes into force
as of November 20, 2023.
Circular No. 04/2015/TT-BTP
dated April 15, 2015 of the Minister of Justice on notary apprenticeship
expires from the effective date of this Circular./.
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