Chương III Thông tư 01/2021/TT-BTP: Đào tạo nghề công chứng, khoá bồi dưỡng nghề công chứng, bồi dưỡng nghiệp vụ công chứng hàng năm

Chapter III

NOTARY TRAINING, NOTARY REFRESHER COURSES, ANNUAL NOTARY REFRESHER COURSES

Section 1. NOTARY TRAINING

Article 7. Notary training institution, notary training curriculum

1. The notary training institution, under Article 9 of the Notarization Law, is the Judicial Academy affiliated to the Ministry of Justice.

2. The Judicial Academy shall take charge and coordinate with the Department of Judicial Assistance in, formulating and submitting to the Minister of Justice for promulgation of the notary training curriculum.

Article 8. Recognition of equivalence for those who attended notary training courses abroad

1. A person who attended a notary training course abroad shall be entitled to equivalence recognition in any of the following cases:

a) He/she has a certificate of notary training course granted by an overseas training institution within the scope of an Agreement on the equivalence of certificates or mutual recognition of qualifications or relevant international treaties regarding certificates to which Vietnam is a member;

b) He/she has a certificate of notary training course issued by an overseas training institution the notary training curriculum of which has been accredited by the quality accreditation agency of that country or approved by the competent authority of that country to establish and grant certificates.

2. The applicant for recognition of the equivalence of certificate of notary training course abroad shall submit 01 set of application in person or by post to the Ministry of Justice. The application includes the following documents:

a) Application for recognition of notary training equivalence (Form TP-CC-01);

b) A copy of the certificate and a copy of notary training performance abroad, which have been consularly legalized, translated into Vietnamese and the Vietnamese translation must be notarized or authenticated according to the Vietnam’s law.

3. Within 30 days after receiving a complete and valid application, the Minister of Justice shall issue a decision on recognition of equivalence for the person who attended notary training abroad; in case of refusal, it must be notified in writing, clearly stating the reason.

Section 2. NOTARY REFRESHER COURSES

Article 9. Application for registration of notary refresher course

1. A person who is exempt from notary training under Clause 1, Article 10 of the Notarization Law shall submit 01 set of application for registration of notary refresher course in person or by post to the Judicial Academy. The application includes the following documents:

a) Application form for registration of notary refresher course (Form TP-CC-02);

b) Documents proving that the person is exempt from notary training specified in Clause 2, Article 3 of this Circular.

2. The Judicial Academy shall receive the registration application and notify the list of eligible attendees of the refresher course no later than 30 days before the course start date; in case of refusal, it must be notified in writing, clearly stating the reason.

Article 10. Notary refresher course contents

1. Notarial practice skills, including receiving and checking dossiers seeking notarial services, identification of personal records, active legal capacity of the notarization requester, other professional skills within the competence of the notary.

2. Legal knowledge related to notarization practice, including legal provisions on notarization, civil law and other relevant legal provisions.

3. Code of ethics for notarial practice.

4. Skills in management, organization, and administration of notarial practice organizations.

Article 11. Responsibilities of the Judicial Academy

1. Take charge and coordinate with the Department of Judicial Assistance in, formulating and submitting to the Minister of Justice for promulgation of the notary refresher course curriculum.

2. Hold notary refresher courses in accordance with the curriculum promulgated by the Minister of Justice.

3. Issue certificates of completion of notary refresher courses to qualified attendees.

Section 3. ANNUAL NOTARY REFRESHER COURSES

Article 12. Content and form of annual notary refresher course

1. Content of annual notary refresher course (hereinafter referred to as refresher course) shall include one or certain matters below:

a) Code of ethics for notarial practice;

b) Updated and supplementary legal knowledge on notarization and other relevant laws;

c) Notary practice skills; skills in solving problems in the process of notarial practice;

d) Skills in management, organization, and administration of notarial practice organizations.

2. The refresher course is held in the form of attendance course.

Article 13. Refresher course providers

1. Refresher course providers include:

a) Association of Notaries;

b) Vietnam Association of Notaries;

c) Judicial Academy.

2. Notaries may choose to attend a refresher course held by the Association of Notaries in another area or the Vietnam Association of Notaries or the Judicial Academy.

Article 14. Attendance time in a refresher course

1. The minimum attendance time in a refresher course is 02 working days/year (16 hours/year).

2. A notary falling under one of the following circumstances shall be recognized to have fulfilled his/her obligation to attend a refresher course in that year:

a) He/she has a research article on notarization law and notarization-related law published in a domestic or foreign law journal; he wrote or jointly wrote a published book or textbook on notarization;

b) He/she has taught notarization subject at the Judicial Academy; has given lectures at refresher courses held by the organization specified in Clause 1, Article 13 of this Circular;

c) He/she attended a notarization refresher course abroad;

d) He/she acted as a reporter in a training program or seminar concerning the contents specified in Clause 1, Article 12 of this Circular held by the Department of Judicial Assistance, the Department of Justice. In case a notary who is not a reporter attends a training program or seminar specified at Point d of this Clause, one day of attendance shall be counted as 08 hours of refresher course, from 02 days or more is counted as completing the obligation to attend the refresher course. The Department of Judicial Assistance, the Department of Justice shall issue a certificate to the notary, clearly stating the number of days of attendance.

3. The following cases are exempt from the obligation to attend a refresher course during the year:

a) Female notaries who are pregnant or nursing a child under 12 months old;

b) Notaries who are subject to long-term treatment at health facilities for diseases on the list of diseases with long-term treatment prescribed by the Ministry of Health for 3 months or more, with a certificate from a health authority of district level or equivalent or higher.

Notaries shall submit documents proving that they fall under one of the cases specified at Points a and b of this Clause to the Department of Justice where they register their practice by December 15 every year to make a list of notaries exempt from the obligation to attend the refresher course in that year.

Article 15. Documents certifying the performance of the obligation to attend refresher course

1. Documents certifying the performance of the obligation to attend refresher course include:

a) Certificate of attendance in refresher course, issued by the refresher course provider specified in Clause 1, Article 13 of this Circular;

b) Journals, books, and textbooks that have been published under the provisions of Point a, Clause 2, Article 14 of this Circular;

c) A written certification or document certifying that they have participated in the activities specified at Points b, c and d, Clause 2, Article 14 of this Circular.

Written certification or certification paper for the case specified at point c, clause 2 Article 14 of this Circular must be consular legalized, translated into Vietnamese and the Vietnamese translation must be notarized or authenticated.

2. Notaries who fulfill their obligation to attend the refresher course shall submit a copy of one of the documents specified in Clause 1 of this Article to the Department of Justice where they have registered their practice no later than December 15 of each year to establish a list of notaries who have completed the obligation to attend refresher course in that year.

The Department of Justice shall publish the list of notaries who have completed the obligation to attend refresher course and the list of notaries who are exempt from the obligation to attend refresher course during the year on the website of the Department of Justice no later than December 31 of each year.

Article 16. Responsibilities of refresher course providers

1. The refresher course providers specified in Clause 1, Article 13 of this Circular have the following responsibilities:

a) Formulate and announce their refresher course plan before January 30 of each year;

b) Prepare contents, curriculum, and other necessary conditions and hold refresher courses according to the announced plan;

c) Issue certificates of completion of notary refresher course (Form TP-CC-11);

d) Collect, manage and use refresher course fees in accordance with law;

dd) Make and post on their website a list of notaries who attended refresher courses at their premises each year.

2. The Vietnam Association of Notaries has the following responsibilities:

a) Perform the tasks of the refresher course provider specified in Clause 1 of this Article;

b) Guide the main contents of annual refresher course for notary associations;

c) Guide, summarize, and evaluate the implementation of refresher course by the Association and the notary associations;

d) Guide the collection, management, and use of fees for refresher course of notary unions in accordance with law.

Article 17. Dealing with breaches of notaries and refresher course providers

1. A notary who breaches the obligation to attend refresher course shall, depending on the nature and seriousness of his/her breach, be disciplined according to the regulation of Vietnam Association of Notaries, and be sanctioned for administrative violation in accordance with the provisions of the law.

2. A refresher course provider that breaches the provisions of this Circular shall, depending on the nature and seriousness of the breach, be administratively handled in accordance with law