Circular No. 04/2015/TT-BTP guiding the probation period for notarization practice

CIRCULAR

Guidelines for Notary Practice Internship

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Based on the Notarization Law number 53/2014/QH13 dated June 20, 2014;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Legal Aid Department, Ministry of Justice,

The Minister of Justice issues this Circular guiding notary practice internship.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates on the probation period for notarization practice and the examination of the results of the probation period for notarization practice; management of the probation period for notarization practice; handling of violations, complaints, and reports related to the probation period for notarization practice and the examination of the results of the probation period for notarization practice.

2. This Circular applies to individuals undergoing the probation period for notarization practice, those participating in the examination of the results of the probation period for notarization practice, notary publics guiding the probation period for notarization practice, organizations practicing notarization accepting probation, associations of notary publics, state management agencies for notarization, and other relevant agencies, organizations, and individuals.

Chapter II

NOTARY PRACTICE INTERNSHIP

Article 2. Registration for the Probation Period for Notarization Practice

1. Individuals requesting the probation period shall submit one set of registration files directly or through postal service to the Department of Justice where the organization practicing notarization accepting probation is located.

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

a) The application form for the probation period for notarization practice (Model TP-TSCC-01);

b) A certificate of completion of the notary public training course or a certificate of completion of the notary public vocational training course (a certified copy or a photocopy with the original for verification).

Within seven working days from the date of receiving complete and valid files, the Department of Justice shall record the name of the individual registering for the probation period in the List of Individuals Undergoing the Probation Period for Notarization Practice of the Department of Justice (hereinafter referred to as the List of Probationees of the Department of Justice), and simultaneously notify such individual and the organization practicing notarization accepting probation in writing; if rejected, it must notify in writing and specify the reasons.

2. Individuals falling under any of the following circumstances shall not be allowed to register for the probation period:

a) Those who are not eligible for appointment as a notary public according to Article 13 of the Law on Notarization;

b) Individuals currently serving as civil servants, public officials, employees (except employees working at Notary Public Offices), officers, professional soldiers, defense workers in agencies and units under the People's Army; officers, non-commissioned officers, and defense workers in agencies and units under the People's Public Security.

3. Individuals recorded in the List of Probationees of the Department of Justice are referred to as Individuals Undergoing the Probation Period for Notarization Practice (hereinafter referred to as Probationees). Probationees have rights and obligations as prescribed by the Law on Notarization and this Circular.

Article 3. Duration of the Probation Period for Notarization Practice

1. The duration of the probation period for notarization practice (hereinafter referred to as the probation period) specified in Clause 1, Article 11 of the Law on Notarization shall be calculated from the date when the Probationee is recorded in the List of Probationees of the Department of Justice.

2. In cases where the Probationee changes the place of probation according to Article 4 of this Circular, the probation period shall be calculated as the total probation period of that person at various organizations practicing notarization.

The total probation period shall be calculated when the Probationee has a probation period of at least three months at each organization practicing notarization.

Article 4. Changing the Place of Probation for Notarization Practice

1. The trainee may change the place of notary training in the following cases:

a) The organization practicing notarization accepting probation temporarily ceases operations, terminates operations, or transforms, dissolves according to the provisions of the Law on Notarization and implementing regulations;

b) The organization practicing notarization accepting probation no longer meets the conditions for accepting probation as prescribed in Clause 2, Article 11 of the Law on Notarization;

c) The notary public guiding the probation dies, due to health reasons, or for other objective reasons cannot continue to guide the probation, or the notary public guiding the probation does not fulfill the responsibilities prescribed in Article 10 of this Circular, and the organization practicing notarization does not have another notary public qualified to guide the probation;

d) The Probationee changes their place of residence to another province or centrally governed city.

2. In cases where the Probationee changes the place of probation to another organization practicing notarization within the same province or centrally governed city, they shall send a request for changing the place of probation to the Department of Justice where the probation was registered. The request must clearly state the reason for changing the place of probation, accompanied by confirmation from the organization practicing notarization accepting probation regarding the time and performance of the Probationee's rights and obligations at their organization, and confirmation from the organization practicing notarization to which the Probationee requests to transfer regarding acceptance of probation.

Within five working days from the date of receipt of the Probationee's request, the Department of Justice shall notify in writing the Probationee, the organization practicing notarization accepting probation, and the organization practicing notarization to which the Probationee requests to transfer about the change of the place of probation; if rejected, it must notify in writing specifying the reasons.

3. In cases where the Probationee changes the place of probation to an organization practicing notarization in another province or centrally governed city, they shall send a request for changing the place of probation to the Department of Justice where the probation was registered. The request must clearly state the reason for changing the place of probation, accompanied by confirmation from the organization practicing notarization accepting probation regarding the time, number of temporary suspension periods (if any), and the performance of the Probationee's rights and obligations at their organization.

Within five working days from the date of receipt of the Probationee's request, the Department of Justice shall notify in writing the organization practicing notarization accepting probation and the Probationee about removing the Probationee's name from the List of Probationees of the Department of Justice, and simultaneously confirm the probation period, place of probation, and number of temporary suspension periods (if any) of the Probationee at their local area; if rejected, it must notify in writing specifying the reasons. The Probationee shall register for the probation period at the Department of Justice where the organization practicing notarization to which they transferred is located according to Article 2 of this Circular to continue the probation; the registration file for the probation period must include the written notification of the Department of Justice where the Probationee previously registered for probation as prescribed in this clause.

Article 5. Suspension of Notary Practice Training

1. In cases of legitimate reasons, the trainee may suspend training but must notify the notary practice organization in writing at least five working days before the suspension date.

2. A trainee with twelve months of notary practice training may suspend training up to two times, each time not exceeding six months; a trainee with six months of notary practice training may suspend training once, not exceeding six months.

3. The period of suspended training shall not be counted towards the total period of notary practice training.

The period of training prior to suspension shall be included in the total period of notary practice training, except in cases where re-registration for training is required according to Clause 3, Article 6 of this Circular.

Article 6. Termination of Notary Practice Training

1. The trainee terminates training when falling under any of the following circumstances:

a) Voluntarily terminating probation;

b) Being recruited as a civil servant, public official, or employee (except employees working at Notary Public Offices), officer, professional soldier, defense industry worker in agencies or units under the People's Army; officer, non-commissioned officer, defense industry worker in agencies or units under the People's Public Security Force;

c) No longer residing in Vietnam;

d) Being convicted and the judgment has taken legal effect;

đ) Being subject to administrative sanctions as prescribed by laws on handling administrative violations;

e) Exceeding the number of suspensions allowed or having exceeded the suspension period as stipulated in Clause 2, Article 5 of this Circular without continuing training;

g) Being removed from the List of Trainees by the Department of Justice as prescribed in Clause 1, Article 30 of this Circular;

h) Belonging to a case where registration for notary practice training is not permitted at the time of registration.

2. Within five working days from the date the trainee terminates training under the circumstances specified in points a, b, c, d, đ, e, and h of Clause 1 of this Article, the notary practice organization receiving the trainee must report in writing to the Department of Justice, clearly stating the reason for termination. Within five working days from the date of receipt of the report from the notary practice organization, the Department of Justice issues a decision to terminate training and simultaneously removes the trainee from the List of Trainees of the Department of Justice.

The decision to terminate training is sent to the trainee, the notary practice organization receiving the trainee, and the Ministry of Justice.

3. A trainee who has terminated notary practice training may be considered for re-registration for training when meeting the conditions for registration as prescribed in this Circular and falls under any of the following circumstances:

a) The reason for terminating training as specified in points a, b, c, e, and h of Clause 1 of this Article no longer exists;

b) Having fully served the sentence, except in cases of intentional crimes;

c) Has completed the execution of administrative measures according to the provisions of the law on handling administrative violations;

d) After two years from the date the Department of Justice's decision regarding removal of the trainee from the List of Trainees as prescribed in Clause 1, Article 30 of this Circular takes effect.

The procedures and documents for re-registration for training are carried out as prescribed in Article 2 of this Circular.

4. The period of training prior to termination of training as stipulated in Clause 1 of this Article shall not be counted towards the total period of notary practice training.

Article 7. Content of Notary Practice Internship

1. The content of notary practice internship includes notary practice skills and related tasks as follows:

a) Skills in receiving and classifying notarization requests; skills in verifying the authenticity and legality of documents in the notarization request file; skills in examining and identifying the subjects, civil capacity of participants in contract signing and transactions;

b) Skills in interacting with notarization requesters, following the Code of Ethics for Notary Practice; skills in explaining to notarization requesters their rights, obligations, and legitimate interests, the legal significance and consequences of notarization; skills in explaining reasons for refusing notarization requests;

b) Skills in interacting with notarization requesters, following the Code of Ethics for Notary Practice; skills in explaining to notarization requesters about their rights, obligations, and legitimate interests, the legal significance and consequences of notarization; skills in explaining reasons for refusing notarization requests;

d) Skills in drafting contracts and transactions at the request of notarization requesters; skills in verifying the authenticity and legality of draft contracts and transactions prepared by notarization requesters; verification skills;

d) Drafting contract and transaction skills according to the requester's requirements; skills in verifying the authenticity and legality of draft contracts and transactions prepared by the requester; verification skills;

đ) Notarization translation skills; skills in certifying copies, verifying signatures in documents and texts;

e) Drafting affidavit skills;

h) Other skills and tasks related to notarization as assigned by the supervising notary.

2. The supervising notary guides the intern to perform the contents prescribed in Clause 1 of this Article; for those with a six-month internship period, the supervising notary coordinates with the notary practice organization accepting the internship regarding the appropriate duration and content of the internship as prescribed in Clause 1 of this Article.

Article 8. Report on the Results of Notary Practice Internship

1. Within fifteen days from the end of the internship period, the intern submits the Report on the Results of the Internship to the Department of Justice where the internship was registered.

The report includes the following main contents:

a) Quantity, content, legal basis, and results of handling notarization request files assigned by the supervising notary;

b) Legal knowledge, notary practice skills, and experience gained during the internship;

c) Performance of the intern's rights and obligations;

d) Difficulties and obstacles encountered during the internship (if any) and recommendations.

2. The report on the results of the internship must include comments from the supervising notary and a written confirmation from the notary practice organization accepting the internship regarding the process and results of the internship.

3. In cases where the intern submits the Report on the Results of the Internship and registers to participate in the examination of the internship results, the Department of Justice shall register the intern's participation in the examination according to Article 16 of this Circular; if the intern has not requested to participate in the examination, the Department of Justice records the completion of the internship period and the fulfillment of the intern's obligations in the Internship Monitoring Register.

Article 9. Rights and Obligations of the Intern

1. Probationers have the following rights:

a) To be provided conditions by the notary practice organization accepting the internship to implement the internship content as stipulated in Article 7 of this Circular; to receive remuneration agreed upon with the notary practice organization accepting the internship;

b) To be guided by the supervising notary on internship content and the performance of the intern's rights and obligations;

c) To request a change of supervising notary in cases prescribed in Article 12 of this Circular;

d) To register to participate in the examination of the results of the notary practice internship as stipulated in Article 16 of this Circular;

đ) Other rights agreed upon with the notary practice organization accepting the internship or as prescribed by law.

2. Probationers have the following obligations:

a) To comply with the provisions of the Notary Law and related legal regulations;

b) To follow the internal rules and regulations of the notary practice organization accepting the internship;

c) To perform tasks within the internship content prescribed in Article 7 of this Circular as assigned by the supervising notary;

d) To be responsible before the guiding notary and the notary practice organization for the results and progress of the assigned tasks;

đ) To submit the Report on the Results of the Notary Practice Internship as prescribed in Article 8 of this Circular;

e) To keep confidential information about the content of notarization and related information known during the internship;

g) Other obligations agreed upon with the notary practice organization accepting the internship or as prescribed by law.

Article 10. Responsibilities of the guiding notary Article 2. General provisions on economic and technical standards guiding trainee

1. Guide the Trainee on the internship contents as prescribed in Article 7 of this Circular.

2. Monitor and inspect the performance of tasks assigned to the Trainee.

3. Provide comments on the Trainee's internship process in the notary profession, specifying strengths and limitations regarding their capacity, professional expertise, vocational skills, practice techniques, conduct according to the Code of Ethics for Notarial Practice, and the fulfillment of rights and obligations of the Trainee.

4. Be responsible for the results and progress of tasks performed by the Trainee under their assignment and guidance.

Article 11Refusal to guide internships

1. A Notary Public may refuse to guide an internship if they do not meet the conditions for guiding an internship as stipulated in Clause 3, Article 11 of the Notarization Law or have other legitimate reasons.

2. If a Notary Public refuses to guide an internship as prescribed in Clause 1 of this Article, they must notify the notary practice organization accepting the internship in writing. The notary practice organization accepting the internship shall assign another qualified Notary Public to guide the internship; if the notary practice organization does not have another qualified Notary Public, it must notify the Department of Justice in writing. Within seven working days from the date of receipt of the notification from the notary practice organization, the Department of Justice shall be responsible for designating another notary practice organization to accept the Trainee and assign a Notary Public to guide the internship.

Article 12Changing the Notary Public Article 2. General provisions on economic and technical standards guiding trainee

1. The Trainee has the right to request a change of the Notary Public guiding the internship in the following cases:

a) The Notary Public guiding the internship dies, due to health reasons, or for other objective reasons and cannot continue to guide the internship;

b) The Notary Public guiding the internship does not fully perform the responsibilities prescribed in Clauses 1, 2, and 3 of Article 10 of this Circular.

2. When the Trainee requests a change of the Notary Public guiding the internship, the notary practice organization shall assign another qualified Notary Public to continue guiding that Trainee and notify the Department of Justice in writing.

In case the notary practice organization does not have another qualified Notary Public to guide the internship, it must notify the Department of Justice in writing. Within seven working days from the date of receipt of the notification from the notary practice organization, the Department of Justice shall be responsible for designating another notary practice organization to accept the Trainee and assign a Notary Public to guide the internship.

3. In case the notary practice organization accepting the internship temporarily ceases operations, terminates operations, or is converted or dissolved according to the Notarization Law and related implementing regulations, the Trainee shall agree with another notary practice organization to continue the internship; if agreement cannot be reached, they may request the Department of Justice to designate another notary practice organization to accept the internship and assign a Notary Public to guide the internship. Within seven working days from the date of receipt of the request from the Trainee, the Department of Justice shall be responsible for designating another notary practice organization to accept the Trainee and assign a Notary Public to guide the internship.

Article 13. Rights and Obligations of the Notary Practice Organization Accepting Internship complete internship

1. Assign a qualified Notary Public to guide the internship and be responsible for such assignment.

2. Create favorable conditions for the Trainee and the Notary Public guiding the internship at their organization.

3. Examine and decide on the Notary Public's refusal to guide the internship and the Trainee's request to change the Notary Public guiding the internship.

4. Manage the Trainee during the internship period at their organization; notify the Department of Justice in writing no later than five days after the Trainee temporarily stops the internship; monitor and supervise the performance of responsibilities by the Notary Public guiding the internship; ensure the fulfillment of rights and obligations of the Trainee; mediate disputes between the Notary Public guiding the internship and the Trainee.

5. Reporting in writing to the Department of Justice about accepting and guiding trainees at their organization annually.

The report includes the following main contents:

a) Number of Trainees;

b) Evaluation of the quality of the Trainee's internship;

c) Implementation of the rights and obligations of the notary practice organization, the Trainee, and the responsibilities of the Notary Public guiding the internship as prescribed in this Circular;

d) Difficulties and obstacles encountered during the internship acceptance process (if any) and recommendations.

6. Other rights and obligations agreed upon with the Trainee or as prescribed by law.

Chapter III

EXAMINATION OF TRAINING RESULTS FOR NOTARY PRACTICE NOTARIAL SERVICES

Article 14. Principles of Examination

1. Strictly, openly, fairly, objectively, honestly, and effectively.

2. Compliance with the provisions of the Notarization Law, this Circular, and other relevant legal regulations.

Article 15. Content and Form of Examination

1. The content of the examination includes:

a) Laws on notarization and certification; Professional ethics rules for notaries.

b) Skills in practicing notary activities.

2. The forms of examination include written tests and oral examinations.

a) Written test: Examines the contents stipulated in Clause 1 of this Article. The duration of the written test is 180 minutes.

b) Oral examination: Candidates present content, propose solutions to specific notarization requests, and answer questions posed by the Examination Committee.

Article 16. Registration for Examination

1. The following individuals may register to participate in the examination of the results of their training period for notary practice:

a) Individuals who have completed the training period and fulfilled the obligations of trainees as prescribed by the Notarization Law and this Circular;

b) Persons who did not meet the requirements in the previous examination of training results.

Individuals who fail to meet the requirements in three consecutive examination periods shall not be allowed to register for the examination and must undergo retraining.

2. Trainees register to participate in the examination of the results of their training period for notary practice at the Department of Justice where they registered for training.

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

a) Application for registration to participate in the examination of the results of the training period for notary practice (Form TP-TSCC-02);

b) Report on the results of the training period for notary practice.

3. Within fifteen days from the date of receiving complete and valid files, the Department of Justice shall notify in writing the applicant about including their name in the list proposed to the Ministry of Justice for participation in the examination of the results of the training period; in case of refusal, it must notify in writing with clear reasons stated.

Article 17. Organization of Examination

1. The Ministry of Justice organizes the examination of the results of the training period for notary practice.

The examination is organized no more than two times in a year. The time and detailed plan of the examination are notified to the Departments of Justice at least one month before the examination date.

2. By the fifteenth day of the last month of the first and third quarters, the Department of Justice sends the Ministry of Justice a document requesting along with a list and file of applicants for the examination of that quarter and a list of candidates expected to register for the examination of the next quarter.

Article 18. Examination Board

1. The Examination Board for the results of the training period for notary practice (hereinafter referred to as the Examination Board) is established by the Minister of Justice. The Examination Board uses the seal of the Ministry of Justice to perform tasks as prescribed by this Circular.

2. The Examination Board consists of nine members, including the following components:

a) The Deputy Minister of Justice responsible for the notarization sector is the Chairman of the Board;

b) The Director or Deputy Director of the Legal Aid Department, or the Head of the Department with the function of training notaries at the Academy of Justice, is a member;

c) Other members are reputable and experienced notaries proposed by the social-professional organization of notaries or the Director of the Legal Aid Department.

3. Supporting the Examination Board is the Secretariat, Question Setting Committee, Supervision Committee, Sealing Committee, Marking Committee, and Review Committee (hereinafter referred to as Committees of the Examination Board). The Question Setting Committee, Marking Committee, and Review Committee must include practicing notaries.

Article 19. Duties and Authorities of the Examination Supervision Board

1. Draft the Examination Plan to be submitted for approval by the Minister of Justice.

2. Establish the Committees of the Examination Supervision Board in accordance with this Circular.

3. Issue examination rules.

4. Decide and announce the list of candidates, examination time, and location to the Departments of Justice that have participants at least fifteen days before the examination date.

5. Organize examinations, score examinations, and re-examine examination papers according to this Circular.

6. Report and take responsibility before the Minister of Justice regarding the organization and results of the examination period.

Article 20. Duties and Authorities of Members of the Examination Supervision Board

1. The Chairman of the Examination Council shall have the following tasks and authorities:

a) Implement the duties and authorities of the Examination Supervision Board as stipulated in Article 19 of this Circular; take responsibility before the Minister of Justice for the implementation of the duties and authorities of the Examination Supervision Board;

b) Assigning responsibilities to each member of the Inspection Council;

c) Specify the duties and authorities of the Committees of the Examination Supervision Board;

d) Determine the examination questions;

đ) Specify and guide the methods and grading scales for scoring examinations; organize the scoring of written examination papers, calculate scores, and re-examine;

e) Take responsibility for safely managing examination papers; manage examination results and other related documents;

g) To handle cases of violation of examination rules within their authority;

h) Announce examination results; issue certificates of successful examination completion to candidates who meet the requirements;

i) Resolve complaints and reports related to examinations within their authority.

2. Other members of the Examination Council shall carry out work according to the assignment of the Chairman of the Examination Council and be responsible to the Chairman of the Examination Council.

Article 21. Supervisory Board

1. The Minister of Justice decides to establish the Monitoring Committee based on the proposal of the Director of the Judicial Support Department. The Monitoring Committee consists of the Chairperson and from one (1) to two (2) members.

2. Tasks and Authorities of the Supervisory Board:

a) To supervise the organization of examinations;

b) To detect and recommend measures to address violations of examination regulations;

c) Propose measures to ensure the examination period proceeds safely, seriously, and in compliance with this Circular to the Examination Supervision Board.

3. Content of supervision:

a) To supervise the implementation of examination regulations, the performance of tasks and authorities of members of the Examination Council and the Committees of the Examination Council;

b) To supervise the organization and implementation of the examination period;

c) To supervise the implementation of Examination Council regulations and the resolution of complaints and denunciations regarding examinations.

4. The Supervisory Board shall be responsible to the Minister of Justice for its supervisory activities and report to the Minister of Justice on the results of supervision after each examination period.

Article 22. Setting Examination Questions and Secrecy of Examination Questions

1. The Question Setting Committee is responsible for setting questions and answers, and ensuring the secrecy of questions and answers for the examination.

2. The Chairman of the Examination Supervision Board specifies the procedures for setting questions and answers and ensuring the secrecy of questions and answers for the examination.

Article 23. Rights and Obligations of Candidates Participating in Examinations

1. Pay examination participation fees as prescribed by the Ministry of Finance.

2. Adhere to examination rules issued by the Examination Supervision Board; be subject to penalties for violations as prescribed in this Circular and examination rules;

3. Other rights and obligations as prescribed in this Circular and other relevant regulatory legal documents.

Article 24. Grading of Examinations

1. Each examination paper is scored independently by two members of the Grading Committee. Examination papers are graded on a scale of 100 points.

The score for each examination paper is the average of the scores given by the two graders. In cases where the scores given by the two graders differ by twenty points or more, the Chairperson of the Grading Committee will organize a third grading session for the candidate's examination paper; the score from this session is the official score for the examination paper. In cases where the scores given by the two oral exam graders differ by twenty points or more, they must directly discuss to reach an agreement on the score under the supervision of the Chairperson of the Grading Committee; if an agreement cannot be reached, the Chairperson of the Grading Committee will decide the official oral examination score.

2. Candidates must achieve a score of fifty points or higher in each examination paper to meet the requirements of the examination period.

3. Within fifteen days from the end of the examination grading, the Chairman of the Examination Supervision Board is responsible for announcing the examination results to the Department of Justice and the Notary Association (where established) in the locality where the examination participants are located, and simultaneously send the examination results to the Judicial Support Department for publication on the Ministry of Justice's Electronic Information Portal.

Article 25. Management of Examination Papers and Examination Results

1. Written examination papers and oral examination results must be sealed immediately upon completion of the examination; examination scores, marks, and related documents must be sealed at the end of each working day and immediately after the completion of coding, recording, unsealing, matching, grading of written examination papers, and scoring of examinations.

2. Examination papers and examination results shall be retained at the Ministry of Justice for a period of five (5) years from the date of the examination.

Article 26. Rechecking of Examination Papers

1. Within fifteen (15) days from the date the examination results are published on the Ministry of Justice's electronic information portal, candidates who disagree with their examination results have the right to submit a review request to the Chairman of the Examination Board.

No recheck for oral examination papers.

2. Within fifteen (15) days from the end of the period specified in Clause 1 of this Article, the Chairman of the Examination Board decides to establish a Review Committee. The Review Committee consists of a Chairperson and at least two (2) members. Members of the Grading Committee may not be members of the Review Committee.

3. The regrading process is carried out in accordance with the provisions of Article 24 of this Circular. The rechecking result must be approved by the Chairman of the Examination Board and is considered the final result.

Chapter IV

MANAGEMENT OF NOTARY PRACTICE TRAINING

Article 27. Duties and Authorities of the Legal Aid Bureau and Related Units under the Ministry of Justice

1. The Bureau of Judicial Assistance is the agency that advises and assists the Minister of Justice in managing state affairs and organizing the enforcement of laws concerning notarization, with the following tasks and powers:

a) To provide guidance and answer questions related to the implementation of this Circular;

b) Inspect the implementation of legal provisions regarding the probationary practice of notaries annually or on an ad hoc basis when necessary.

The inspection targets include provincial Departments of Justice, organizations practicing notarial services accepting probationers, probationers, and notaries guiding probationers. The inspection content includes registration of probation; management of probation; requests for inspection of probation results, requests for appointment of notaries, and other issues related to probation.

The time and content of the inspection must be notified to the inspected entities at least seven (7) working days before the inspection is conducted;

c) Assist the Minister of Justice in organizing inspections of probationary practice results according to the provisions of this Circular;

d) Conduct inspections; handle violations, complaints, and reports regarding probationary practice according to the law;

đ) Perform other tasks and powers as prescribed by the Notarization Law, this Circular, and other relevant legal regulations.

2. The Inspectorate of the Ministry, the Academy of Justice, the Department of Organization and Cadres, and other units under the Ministry of Justice perform their respective tasks and powers related to probationary practice and cooperate with the Bureau of Judicial Assistance in implementing the tasks and powers stipulated in Clause 1 of this Article.

Article 28. Tasks and Powers of Provincial Departments of Justice

1. Designate organizations practicing notarial services meeting conditions in the locality to accept probationers; examine the refusal to accept probation by organizations practicing notarial services according to the provisions of this Circular.

2. Register probation, decide to terminate probation according to the provisions of this Circular.

3. Establish and publish the list of probationers of the Department of Justice and organizations practicing notarial services meeting conditions to accept probation in the locality on the Department of Justice's electronic information portal, regularly review and update these lists; send the list of probationers of the Department of Justice to the Ministry of Justice to compile a national list of probationers; send the list of probationers of the Department of Justice to the Notary Association (where established); establish a record of probationary practice tracking (Model TP-TSCC-03).

4. Inspect the exercise of rights and fulfillment of obligations of organizations practicing notarial services, notaries guiding probationers, and probationers according to the provisions of this Circular.

5. Compile a list of individuals eligible to register for the examination of probationary practice results and submit proposals to the Ministry of Justice according to the provisions of this Circular.

6. Examine and propose the Minister of Justice to appoint notaries for probationers in the locality who meet the requirements of the examination of probationary practice results after receiving written opinions from the Notary Association (where established).

7. Inspect, conduct inspections, handle violations, and resolve complaints and reports regarding probationary practice according to the law.

8. Perform other tasks and powers as prescribed by the Notarization Law, this Circular, and other relevant legal regulations.

Article 29. Responsibilities of of the Professional Organization of Notaries

1. Collect and reflect the aspirations, wishes, contributions, and recommendations related to probationary practice of probationers, notaries guiding probationers, and organizations practicing notarial services accepting probationers to the competent state management agencies on notarization.

2. Supervise organizations practicing notarial services accepting probationers, notaries guiding probationers, and probationers during the probation period; propose competent authorities to handle violations of probationary practice according to the law.

3. Mediate conflicts arising between probationers and notaries guiding probationers and organizations practicing notarial services accepting probationers.

4. Participate in organizing the examination of probationary practice results according to the decision of the Minister of Justice.

5. Perform other tasks and powers as prescribed by the Notarization Law, this Circular, and other relevant legal regulations.

Chapter V

VIOLATION HANDLING AND COMPLAINT AND DENUNCIATION RESOLUTION

Article 30. Handling Violations Related to Training in Notarization Practice

1. If a probationer violates the provisions of this Circular and has been reminded and required to correct such violations by the organization practicing notarial services accepting probationers but continues to violate, they may be proposed by that organization to the Department of Justice to remove their name from the list of probationers of the Department of Justice.

2. A notary who violates the provisions of this Circular and related legal regulations shall bear one of the forms of handling as prescribed in Article 71 of the Notarization Law depending on the nature and degree of violation.

3. An organization practicing notarial services that violates the provisions of this Circular and other related legal regulations shall bear a form of handling as prescribed in Article 72 of the Notarization Law depending on the nature and degree of violation.

Article 31. Handling Violations Against Members of the Inspection Council, Committees of the Inspection Council, and the Supervisory Board

Members of the Inspection Council, the Committees of the Inspection Council, and the Supervisory Board who violate the provisions of this Circular and other relevant legal regulations shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the nature and severity of the violation as prescribed by law.

Article 32. Appeals Regarding Notarial Practice Internship and Inspection of Internship Results notarization

1. Trainees, notaries, and organizations engaged in notarial activities have the right to appeal against administrative decisions or administrative acts regarding notarial training activities of the Department of Justice or authorized persons of the Department of Justice if they believe that such decisions or acts infringe upon their legitimate rights and interests.

The appeal resolution shall be carried out in accordance with the law on appeals.

2. Within thirty days from the end date of the examination of the training results for notarial practice, participants in the examination have the right to appeal against the decisions or actions of the Inspection Council, members of the Inspection Council, or members of the Committees of the Inspection Council if they believe that such decisions or actions infringe upon their legitimate rights and interests.

The Chairman of the Inspection Council is responsible for resolving appeals within thirty days from the date of receipt of the appeal.

In cases where the appeal is not resolved within the time limit stipulated herein, or if the appellant disagrees with the decision on the resolution of the appeal made by the Chairman of the Inspection Council or the Inspection Council has been dissolved, the participant in the examination has the right to appeal to the Minister of Justice. The time limit for resolving the appeal by the Minister of Justice is thirty days from the date of receipt of the appeal. The decision on the resolution of the appeal by the Minister of Justice is final.

Article 33. Reporting on Notarial Practice Internship

Citizens have the right to report to competent authorities, organizations, or individuals about violations of the regulations on notarial training activities as prescribed by the Notarization Law, this Circular, and other relevant legal regulations.

The handling of reports shall be carried out in accordance with the provisions of the law on reporting.

Chapter VI

IMPLEMENTING PROVISIONS

Article 34. Transitional Provisions

1. Persons who completed training before January 1, 2015 shall be recognized as having completed the training and shall not be required to participate in the examination of training results as prescribed by this Circular.

2. Persons who had not completed training in accordance with Circular No. 01/2014/TT-BTP dated January 3, 2014, issued by the Minister of Justice guiding notarial training activities up to January 1, 2015, shall be recognized for the time already spent in training, allowed to continue training, and must participate in the examination of training results as prescribed by this Circular.

Article 35. Effective Date

This Circular takes effect from June 1, 2015.

Circular No. 01/2014/TT-BTP dated January 3, 2014, issued by the Minister of Justice guiding notarial training activities ceases to be effective from the date this Circular takes effect.