HANOI NATIONAL UNIVERSITY FACULTY OF LAW
CHU HONG SON
NOTARY REGULATIONS UNDER VIETNAMESE LAW
MASTER'S THESIS IN LAW
Hanoi - 2015
HANOI NATIONAL UNIVERSITY FACULTY OF LAW
CHU HONG SON
NOTARY REGULATIONS UNDER VIETNAMESE LAW
Major: Civil Law
Code: 60 38 01 03
MASTER'S THESIS IN LAW
Scientific advisor: Associate Professor, Dr. Ngo Huy Cuong
Hanoi - 2015
COMMITMENT
I hereby declare that this Thesis is my own research work. The results in this Thesis have not been published in any other work. The figures, examples and quotations in this Thesis ensure accuracy, reliability and honesty. I have completed all subjects and fulfilled all financial obligations as prescribed by the Faculty of Law, Vietnam National University, Hanoi.
So I write this Declaration to request the Faculty of Law to consider so that I can defend my Thesis.
Thank you very much!
GUARANTEE
CHU HONG SON
INDEX
Page
Cover page | ||
Promise | ||
Index | ||
INTRODUCTION | 1 | |
Chapter 1: GENERAL THEORETICAL ISSUES ON WORK NOTARY AND NOTARY REGULATIONS | 7 | |
1.1 | Overview of Notaries and Notary Regulations | 7 |
1.1.1 | Concept of "Notary" and "Notary Regulations" | 7 |
1.1.2 | General theory. | 8 |
The process of formation and development of notaries and regulations notary | 18 | |
1.2 | ||
Overview of the formation and development of notarization regulations members in some countries around the world | 18 | |
1.2.1. | ||
The process of formation and development of notaries in the old regime in Vietnam | 38 | |
1.2.2 | ||
Chapter 2: NOTARY PUBLIC REGULATIONS ACCORDING TO THE LAW LAW OF THE STATE OF VIETNAM | 42 | |
Legal regulations on notaries before the Law Notarization | 42 | |
2.1 | ||
Legal regulations on notaries in the period 1945 - 1975 | 42 | |
2.1.1 | ||
Legal regulations on notaries after 1976 (of Socialist Republic of Vietnam) | 47 | |
2.1.2 | ||
General comments on the outstanding features of the Vietnamese notary regulations before the first Notary Law (2006) | 58 | |
2.1.3 |
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Regulations on notaries after the Notary Law (2006) | 60 | |
Some highlights of the notary regulations since the Law was enacted Notarization 2006 before the current Notarization Law (2014) | 60 | |
2.2.1 | ||
Regulations on notaries since the 2014 Notary Law (ie. current notary regulations). | 70 | |
2.2.2 | ||
Chapter 3: IMPROVING LEGAL PROVISIONS ON NOTARY REGULATIONS | 90 | |
Stricter regulations on notary appointment standards pill | 90 | |
3.1. | ||
3.2. | Recommendations on the code of ethics for notaries. | 92 |
Proposal for regulations on participation in professional social organizations notary profession | 93 | |
3.3. | ||
3.4. | Recommendations on notary management | 93 |
CONCLUDE | 102 | |
LIST OF REFERENCES | 106 |
INTRODUCTION
1. Urgency of the topic
The institution of notary is an important institution that has appeared and developed for a long time in the world, especially in countries with developed civilizations and legal systems. It always goes hand in hand with other legal institutions in the legal system of each country. In Vietnam, the official popular name for this judicial title has only existed in the last two decades (around 1989, 1990) in legal documents. But in fact, the work of a notary has existed during the French colonial period in our country, but with a different name and a function that is not entirely the same as the function of a notary today. According to the laws of most countries with this institution, especially countries following the Latin law system (a legal system that tends to use legal documents), this institution is often regulated more and developed more than in countries following the Common Law system (Anglo-American law). Vietnam is also a country with a legal system based mainly on the form of legal documents, so the notary and notary institutions have become very important and necessary, and are increasingly developing. However, in the field of legal science in our country, the notary institution has very few in-depth and comprehensive research and analysis works on this institution. Therefore, in the actual practice of notary in our country, the lack of this research has been paid a heavy price in the process of enforcing the law on notarization and certification by notaries and notary practice organizations, causing serious consequences for reputation, seriously reducing the trust of citizens in notary law in particular and the legal system in general. And of course, those mistakes have led to huge economic losses (a typical example is the case of a notary public violating regulations in the EPCO Minh Phung case in 2000 and 2001, which caused huge economic losses of thousands of billions of VND).
At that time.......). As we all know, for each country, the civil code is always one of the codes that requires the most investment of time and effort to build and perfect, so it can also be considered the civil code as the most important code in the legal system, it can show the level of socio-economic development as well as the legal level of the law makers of that country. And in the enforcement of civil law, along with the institutions of judges, lawyers, ... the institution of notaries is really equally important. However, in reality in Vietnam, the attention to the institution of notaries by law makers and among our legal science researchers is not yet satisfactory.
In the period when the whole country is strengthening the socialist legal system, promoting judicial reform, the economy is developing very strongly and rapidly according to the market economy, promoting the socialization of many public services (including the field of notarization), the consolidation and completion of the notary institution in general and the notary public regulations in particular occupy a very important position in the current legal system as well as in the future. However, our notary public regulations as mentioned above are quite new, not many works, not many scientific topics delve into this institution, while most people in society in general and even managers, agencies, organizations in our state apparatus and judicial apparatus do not fully understand, do not fully perceive the concept, functions, and tasks of this judicial title.
With the above presentations, the research on the scientific topic of notary regulations aims to clarify the legal nature, scientific nature, systematic nature and importance of the issue, from which we will see that the construction and completion of notary regulations in Vietnam today is a necessary and urgent scientific issue, meeting the inevitable needs of legal life.
law in particular and social life in general of Vietnam now and in the future.
2. Research status related to the topic
Regarding the topic of notaries (which is more broadly the notary regulations) in a small, detailed way, there have been quite a few articles, legal works, analysis articles, discussions, ... and even quite a few legal documents such as decrees, circulars and most recently the Notary Law of 2006 and the Notary Law of 2014 referring to this issue. However, those documents are all fragmentary, describing phenomena, external manifestations or only providing general regulations on the issue or if there is analysis, it only stops at in-depth analysis of a certain small aspect of the title of notary according to the provisions of the current law at that time, not having a comprehensive legal science nature, not showing the consistent theoretical nature of the issue.
In fact, up to now, more or less, there have been scientific works and laws related to this issue, because from practical life as well as from the requirements of forming parts in the legal system, the notary institution always exists in parallel with the notary institution in particular and the institutions on other judicial titles in the legal system in general. Especially in the past 15 years, when civil transactions in society have increased dramatically, followed by the need for notarization gradually becoming very urgent, scientific topics on notarization and notaries have appeared more, some of these works have also analyzed in depth a certain aspect of notaries and notary regulations, but usually only a few of those aspects. A number of legal documents and research works, works and legal articles have mentioned quite specifically a number of regulations related to the notary public's status, especially and first of all, we can refer to the provisions from Article 13 to Article 22 of the 2006 Notary Law, then in Chapter II - from Article 8 to Article 27 of the 2006 Law on Notarization.