Chương III Thông tư 06/2015/TT-BTP: Đào tạo nghề công chứng, khoá bồi dưỡng nghề công chứng, bồi dưỡng nghiệp vụ công chứng hàng năm

Chapter III

TRAINING, TRAINING COURSES IN NOTARY CAREER, ANNUAL TRAINING IN PROFESSIONAL COMPETENCE TO NOTARIES

Section 1. TRAINING IN NOTARY CAREER

Article 7. Training establishments, notary training framework program

1. Notary training establishment as prescribed in Article 9 of the Law on Notarization is Academy of Justice affiliated to the Ministry of Justice.

2. Academy of Justice shall preside over and cooperate with Bureau of Judicial Affairs Support in formulating and submitting the notary training framework program to the Minister of Justice for promulgation.

Article 8. Recognition of equivalence for persons receiving notary training abroad

1. Persons who receive notary training abroad shall be granted recognition of equivalence in the following cases:

a) Have notary career training certificate awarded by training institutions abroad within Governing scope of the Agreement on equivalence of diplomas or mutual recognition of diplomas, or International Agreement on diplomas to which Vietnam is committed or is a member;

b) Have notary career training certificate granted by training institutions abroad that has notary training program being recognized by quality assessment agencies of that country or is established and awards diplomas under the permission of competent agencies of that country.

2. Diplomas that fall within the cases as prescribed in Point a, Clause 1 of this Article shall be recognized according to the Agreement on equivalence of diplomas or mutual recognition of diplomas, or International Agreement on diplomas to which Vietnam is committed or is a member; Recipients of diplomas do not have to perform procedures for recognition of equivalence as prescribed hereof.

3. Recipients of diplomas that fall within the cases as prescribed in Point b, Clause 1 of this Article and need recognition of equivalence for notary career training abroad must make submission of one (01) set of documentation directly or by post to the Ministry of Justice.

The documentation includes:

a) Written request for recognition of equivalence;

b) Translation of notary career training diploma (notarized or certified true copy) as prescribed in Clause 1 of this Article.

Within 30 days since receipt of eligible documentation, the Minister of Justice shall make decision on recognition of equivalence for persons receiving notary career training abroad; in case of rejection, a written notice must be issued with reasons specified.

Section 2. NOTARY CAREER TRAINING COURSE

Article 9. Registration for participation in notary career training courses

1. Persons who are exempted from notary career training as prescribed in Clause 1, Article 10 of the Law on Notarization must submit one (01) set of registration documentation directly or by post to Academy of Justice for participation in notary career training courses.

 The documentation includes:

a) Registration form for participation in notary career training courses;

b) Papers proving that such persons are exempted from notary career training as prescribed in Article 3 hereof (certified true copy or copy accompanied by originals for comparison);

2. The Academy of Justice shall receive the documentation and announce the list of persons who meet the conditions for participation 30 days at the latest before the training course starts; in case of rejection, a written notice must be issued with reasons specified.

Article 10. Content of notary career training course

1. Notary practicing skills include receiving and examining request documentation for notarization, identifying records, legal capacity of a person who requests notarization and other professional skills within the competence of notaries.

2. Knowledge of laws relating to notary practice includes regulations on notarization and other relevant law provisions.

3. Code of ethics in notary practice;

4. Skills in managing, organizing and operating private notary offices;

Article 11. Responsibilities of Academy of Justice

1. Preside over and cooperate with Bureau of Judicial Affairs Support in formulating and submitting the notary career training program to the Minister of Justice for promulgation;

2. Organize at least one (01) training course per year;

3. Award certificate on completion of notary career training course;

Section 3. ANNUAL TRAINING IN PROFESSIONAL COMPETENCE IN NOTARIZATION

Article 12. Obligations to participate in annual training in professional competence in notarization

1. Notaries who are practicing notarization must participate in annual training in professional competence in notarization at one of the organizations as prescribed in Article 13 hereof.

2. Time of participation is at least three working days/year (24 hours/year);

Article 13. Organizations conducting annual training in professional competence in notarization

1. Association of notaries; in case an association of notaries is not yet established in the locality, the Service of Justice shall conduct the training;

2. Academy of Justice;

Article 14. Content of annual training in professional competence in notarization

1. Update and enhance knowledge of laws relating to notary practice and other relevant law provisions;

2. Train and foster skills in notary practice; ways of dealing with difficulties arising during notary practicing;

Article 15. Exemption from participation in annual training in professional competence in notarization

Notaries shall be given exemption from participation in annual training in professional competence in notarization if such notaries have lectured at Academy of Justice or at an annual training course in professional competence in notarization, or participated in a notary career training course abroad in the year.

Article 16. Responsibilities of organizations conducting annual training in professional competence in notarization

1. Formulate content, program and plan for training

Bureau of Judicial Affairs Support shall preside over and cooperate with Academy of Justice in providing guidance on central matters of annual training in professional competence in notarization.

2. Organize training in accordance with formulated content, program and plan;

3. Make a list of notaries who have completed annual training in professional competence in notarization and make submission of the list to the Service of Justice where the notaries register notary practicing for posting on the Service of Justice's website and at the same time to the Ministry of Justice for overall monitoring;

Article 17. Handling of notaries in violation of obligations to participate in annual training in professional competence in notarization

Any notary in violation of obligations to participate in annual training in professional competence in notarization, depending on nature and severity of the violations, shall be handled according to regulations of Vietnamese Association of Notaries;