STT
Planning for districts and cities to develop notary practice organizations by 2020 | Number of notary organizations planned | Results of the phase implementation 2011-2015 | Results of the phase implementation 2016-2020 | |||||
Target | Done presently | Proportion % | Target | Done presently | Proportion % | |||
08 | Minh Long District | 01 | 0 | 0 | 01 | 0 | 0 | |
09 | Nghia Hanh District | 01 | 0 | 0 | 01 | 0 | 0 | |
10 | Son Ha District | 01 | 0 | 0 | 01 | 0 | 0 | |
11 | Son Tay District | 01 | 0 | 0 | 01 | 0 | 0 | |
12 | Tay Tra District | 01 | 0 | 0 | 01 | 0 | 0 | |
13 | Tra Bong District | 01 | 0 | 0 | 01 | 0 | 0 | |
14 | Ly Son District | 01 | 01 | 0 | 0 | 0 | 0 | 0 |
Total: | 25 | 08 | 07 | 87.5 | 17 | 03 | 17.64 | |
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Source: [30,31,32,34]
2.2.2. Organization of state management of notarization
Resolution No. 49-NQ/TW dated June 2, 2005 of the Politburo on the Judicial Reform Strategy to 2020 has identified “Perfecting the notary institution. Clearly defining the scope of notarization and certification, the legal value of notarized documents. Building a state management model on notarization in the direction that the State only organizes appropriate notary agencies; taking appropriate steps to gradually socialize this work”. At the same time, the Resolution of the 10th National Congress of our Party has clearly stated “Building and perfecting the system of policies to ensure the provision of essential and equal public services to all people”, “Innovating the management mechanism and methods of providing public services”, “Promoting the potential, intelligence and material resources of the people and the whole society to work with the State to solve social issues and take care of the development of the
public service”.
After 10 years of implementing the Notary Law, state management activities on notarization have changed dramatically, the policy of socializing notarization activities has achieved many positive results. The number of notaries and notary organizations has increased rapidly (notary organizations increased 10 times, notaries increased 11 times). For Quang Ngai province, as of 2006 (when the Notary Law 2006 was promulgated), there was only 01 notary organization, Notary Office No. 1, with 03 notaries. As of December 31, 2014 (when the Notary Law 2006 expired), there were 04 notary organizations with 07 notaries registered to practice. Currently, Quang Ngai province has 10 notary organizations with 23 notaries registered to practice at notary organizations as shown in the chart and statistical table below:
Chart 2.2. Development of notary practice organizations and notaries in Quang Ngai
23
10
7
4
1
3
3
1
25
20
15
10
5
0
2006 2010 2014 2016
Notary practice organization Notary
Source: [30,31,31,34]
Table 2.4. Number of notaries registered to practice at each notary practice organization
STT
Administrative unit | Name of the practicing organization Notarization | Number of works witness | |
01 | Quang Ngai City | PCC No. 1 | 03 |
Phi Thanh Office | 02 | ||
VPCC Thuy Tung | 02 | ||
VPCC Ngo Van Hien | 02 | ||
02 | Binh Son District | VPCC Binh Son | 02 |
03 | Duc Pho District | Duc Pho Office of Public Security | 03 |
04 | Mo Duc District | VPCC Mo Duc | 03 |
05 | Son Tinh District | VPCC Son Tinh | 02 |
06 | Tu Nghia District | Tu Nghia Office of Public Security | 02 |
VPCC Nguyen Ngoc Hong | 02 | ||
Total: | 10 | 23 | |
Source: [30,31,32,34]
It can be seen that the development of notary organizations has greatly contributed to reducing pressure on administrative agencies in performing certification tasks, creating healthy competition in notary activities, and people have more choices in certifying contracts and transactions if they find any notary agency or organization favorable.
In the direction and administration work, the Provincial Party Committee and the People's Committee of Quang Ngai province always pay attention to directing and leading the notary field such as: developing and promulgating legal documents, Plans, Directives, and Projects to create a proactive and unified mechanism in state management, creating conditions for notary activities to be stable and develop. Training and fostering work
Vocational training is also of interest. The Provincial People's Committee regularly directs the Department of Justice to preside over and coordinate with relevant sectors to organize training courses on skills and notary profession such as fingerprint identification, signatures and fake documents for local notaries, and to hold meetings in notary activities every 6 months to grasp the situation of notary organizations' operations, and at the same time, to remove difficulties in the practical implementation of the Notary Law and related legal documents.
As an advisory body to the Provincial People's Committee to implement state management of notarization in the locality, the Department of Justice of Quang Ngai province has proactively developed and submitted to the Provincial People's Committee a plan to organize the implementation of the Law on Notarization, the Master Plan for the development of notary practice organizations in the area; received, reviewed, and checked dossiers of requests for appointment of notaries, establishment of notary practice organizations submitted to the Ministry of Justice and the Provincial People's Committee for decision; and carried out the registration of Notary Office activities in accordance with regulations. To ensure the establishment of Notary Offices is transparent and objective, the Department of Justice has advised the Provincial People's Committee to issue a Decision on criteria and methods for assessing dossiers for the establishment of Notary Offices in Quang Ngai province as a basis for selecting qualified Notary Offices when they are put into operation.
2.2.3. Inspection, examination and handling of violations in notary activities
In general, after 10 years of implementing the Notary Law, notary activities in Quang Ngai have had a clear change, the initial results obtained from the socialization policy are encouraging, creating a breakthrough in administrative procedure reform and judicial reform. The socialization of notarization has created favorable conditions for people in implementing public requirements.
Notarization has contributed significantly to the prevention of disputes and complaints, especially in areas such as land and housing, which are complicated and have many potential risks of disputes, ensuring legal safety for contracts and transactions, saving time and costs for society, and reducing the legal "burden" for the Court in resolving civil disputes.
However, the activities of notary organizations also revealed many shortcomings. Notably, the lack of professional skills and experience of many notaries who were exempted from training and fostering in notary skills before being appointed according to the provisions of the 2006 Notary Law led to the situation of careless signing and signing certificates without carefully reading the documents, without assessing and verifying the assets and personal information of the signatories of contracts and transactions. As a result, many notarized documents were returned by the authorities, not accepted or caused disputes. Although the number of notary organizations is large, there is a lack of connection to share information, there is no common database to control the status of contracts... Therefore, there have been cases where a property was sold to many people, notarized at many different notary organizations, notarized seized property, notarized contracts, transactions were not performed by the wrong person requesting notarization, or by people without civil capacity... causing very serious legal consequences.
The above situation shows that the state management of notarization in the current period needs to be further strengthened, in which inspection and examination, as an essential part of state administrative management, need to be strengthened. Through inspection and examination activities, the current situation of organization and operation will be reviewed and assessed, and shortcomings will be grasped.
conflicts, difficulties, and obstacles in professional activities as well as detecting violations of the law in notarial activities in order to conclude, recommend, and handle them according to authority as well as recommend amending, supplementing, and perfecting the legal system, bringing notarial activities into order, contributing to the stability and development of the socio-economy.
For Quang Ngai province, the work of inspection, examination, and settlement of complaints and denunciations regarding notarization is also identified by the Department of Justice as one of the key tasks. Implementing the provisions of the Law on Inspection and the Law on Notarization, and the provisions on handling violations in the judicial field, the Department of Justice annually issues a specialized inspection plan, including the notarization field. Accordingly, the Department of Justice annually inspects 3 to 4 notarization organizations in the province. Over the past 10 years, the Department of Justice has handled nearly 10 cases of violations in the notarization field. Basically, the work of inspection, examination and handling of violations, and settlement of complaints and denunciations regarding notarization has been carried out relatively seriously, ensuring objectivity, promptly detecting and strictly handling violations of the law, violations of the Code of Ethics for Notarization, and aiming at the goal of developing notarization activities in a stable and orderly manner, well meeting the requirements of society.
2.3. Evaluation of state management practices on notarization in Quang Ngai province
The Notary Law was born along with the policy of socialization, the number of notaries and notary organizations increased rapidly, marking a major turning point in the notary field in Vietnam. Notary is considered a sensitive field because most of the notarized documents are directly related to the assets and property rights of individuals and organizations and have a great impact on the stable and sustainable development of the whole society. The rapid development of notary organizations leads to state management
The State management of this activity always requires innovation and improvement to meet the requirements. In that context, the State management of notarization in Quang Ngai province has always been concerned and implemented comprehensively in all aspects, creating favorable conditions for notarization organizations to develop, meeting the requirements of judicial reform, administrative procedure reform, actively serving the needs of organizations and individuals in the area. Through the practice of State management of notarization in Quang Ngai province, it can be seen that:
2.3.1. For the activities of issuing management documents and implementing the master plan for the development of notary practice organizations
2.3.1.1. For the issuance of management documents
As mentioned in section 2.2.1.1, issuing management documents is an important and indispensable step in state management activities. Therefore, after the 2006 Notarization Law was passed by the National Assembly, the Department of Justice, as a specialized agency, advised the Provincial People's Committee to issue many important documents to meet state management requirements, creating favorable conditions for notarization activities in the province to become increasingly stable and develop in accordance with the orientation and goals set by the Party and the State. However, in addition to the achieved results, the issuance of management documents on notarization in Quang Ngai province also has some shortcomings such as:
Within 6 years (from 1999 to 2015), Quang Ngai province issued 04 documents with regulations on the notarization authority of notary organizations in the province ( (1) Decision No. 12/2009/QD-UBND dated March 4, 2009, (2) Decision No. 23/2011/QD-UBND dated October 8, 2011 replacing Decision No. 12/2009/QD-UBND, (3) Decision No. 51/2013/QD-UBND dated November 18, 2013 replacing Decision No. 23/2011/QD-UBND, (4) Decision No. 313/QD-UBND dated September 22, 2015 abolishing Decision No. 51/2013/QD-UBND), on average each document only existed for 02 years.
According to the above Decisions, the scope of notarization authority of notary organizations has also changed, especially for the group of assets that are land use rights and assets attached to land, specifically:
Decision No. 12/2009/QD-UBND stipulates: “1. For Quang Ngai city: The notarization of contracts and transactions in Quang Ngai city is assigned to Notary Office No. 1 of Quang Ngai province. 2. For the remaining districts: Organizations, individuals and households participating in contracts and transactions can choose to have them notarized at Notary Office No. 1 of Quang Ngai province or authenticated at the People's Committee of the commune or town according to the provisions of law”. At the time of issuance of this Decision, Quang Ngai province only had 01 notary organization, Notary Office No. 1, so the regulation that contracts and transactions in Quang Ngai city are assigned to Notary Office No. 1 of Quang Ngai province, in the remaining districts, people can choose Notary Office No. 1 or the People's Committee of the commune level, creating a monopoly of Notary Office No. 1, newly established notary organizations will not be able to perform their functions and need to be replaced.
Decision No. 23/2011/QD-UBND dated October 8, 2011 replaces Decision No. 12/2009/QD-UBND stipulating that “1. In Quang Ngai city: transfer all contract and transaction certification from the People's Committee at the commune level and the People's Committee of Quang Ngai city to notary organizations to perform”, in the districts, individuals and organizations can choose notary organizations or the People's Committee at the commune level. The regulation that in the districts, individuals and organizations can choose notary organizations or the People's Committee at the commune level will not promote the development of notary organizations. Because in these districts, contracts and transactions are still not transferred from the People's Committee to notary organizations and people still prefer the certification procedures of the People's Committee at the commune level because the fees are lower, more convenient and the procedures are simpler.