On October 2, 2023, the Minister of Justice issued Circular No. 08/2023/TT-BTP ("Circular 08") providing guidelines for apprenticeship in notarial practice, replacing Circular No. 04/2015/TT-BTP ("Circular 04"). According to the perspective of ATA Legal Services, Circular 08 has amended and supplemented many new contents to enhance the quality of notarial apprentices ("Apprentices") at notary professional organizations ("Professional Organizations") during the apprenticeship period, thereby improving the quality of notaries and notary professional organizations in general, as follows:
1. Apprentices can only be registered for apprenticeship at Professional Organizations listed by the Department of Justice
Circular 08 stipulates that Apprentices can be registered for apprenticeship at qualified Professional Organizations listed by the local Department of Justice, while Circular 04 allows Apprentices to be registered for apprenticeship at all Professional Organizations.
2. Individuals working under labor contracts for agencies, organizations, or enterprises are not eligible for Notarial Apprenticeship
Previously, Circular 04 stipulated cases in which individuals were not eligible to be appointed as notary trainees. However, Circular 08 specifies in detail for each category. Specifically:
- Circular 08 adds one category of individuals not eligible for notarial apprenticeship for those currently working under labor contracts ("LC") for agencies, organizations, or enterprises, except for cases where they work under LC at the notary professional organization where they apprentice, or sign LC with agencies, organizations, or enterprises, and the working hours do not coincide with the working days and hours of the notary professional organization accepting the apprentice.
- In addition, Circular 08 allows the registration of Notary Practice Trainees for individuals whose lawyer practice certificates were revoked due to disciplinary actions resulting in removal from the list of lawyers by the Bar Association, and for individuals whose right to use lawyer practice certificates has been revoked but not exceeding 03 years from the effective date of the decision to revoke the lawyer practice certificate or from the date of completion of the decision to revoke the right to use the lawyer practice certificate. However, according to the Notary Law, these cases still cannot be appointed as notaries, indicating that the goal of registering as Notary Practice Trainees is not achievable.
3. Trainees who do not perform their internship within 30 days will have their internship terminated
Circular 08 adds three cases in which trainees will have their internship terminated:
- Signing an employment contract with an agency, organization, or enterprise (except for cases where the employment contract is signed with the Professional Practice Organization receiving trainees and the working hours do not coincide with the working hours of the Professional Practice Organization receiving trainees).
- Loss of or limited civil behavioral capacity; having difficulties in perception and self-control.
- Failure to undergo the internship within the 30-day period from the effective date of the internship registration decision by the Department of Justice.
Circular 08 is effective from November 20, 2023.
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