Chương V Thông tư 08/2023/TT-BTP: Xử lý vi phạm và giải quyết khiếu nại, tố cáo

Chapter V

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.

Complaint resolution is carried out in accordance with the law on complaints.

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.