Solutions to Promote Propaganda, Dissemination and Education of Notary Law


Notary; focus on innovating the program and content of notary training associated with the development of standard programs and textbooks and a team of professional teachers, smoothly combining theoretical and practical teaching; strengthen the work of fostering expertise, profession, practice skills, notary ethics and political ideology for notaries and notary trainees.

In addition to improving professional ethics and professional qualifications, based on the actual needs of each locality, especially localities far from notary training and fostering centers, there should be a training plan to create a source of notaries, ensuring the implementation of the planning for the development of notary practice organizations approved by the Prime Minister.

3.3.3. Solutions to promote propaganda, dissemination and education of notarization law

Dissemination and education of law is one of the key tasks of local sectors and levels to convey legal information to the people, help people raise their legal awareness, bring the law into life, contribute to stabilizing the political and social situation, strengthen social management by law, create conditions for socio-economic development. In addition, the city's sectors and levels have also regularly innovated methods and forms of propaganda and dissemination of legal education, not only stopping at traditional forms such as: oral propaganda, organizing conferences... but have been diversified with many forms of propaganda above, such as: organizing competitions, propaganda on the loudspeaker system at the grassroots level, printing leaflets and brochures with visual, vivid images, concise and succinct content to help people understand and remember easily; through the form of dramatization, ethnic cultural festivals, through legal aid work, mobile trials, mediation at the grassroots level...; the propaganda content is practical, focused, key, closer to the people. Promoting the achieved results, in the coming time, the Department of Justice, as the Standing Agency of the Provincial Council for Coordinating Legal Education and Dissemination (PBGDPL), will continue to advise the City People's Committee to promulgate


Full programs, plans and guiding documents on legal dissemination work under the direction of the Ministry of Justice, in accordance with the actual situation to continue to maintain order as well as to orient legal dissemination activities in departments, branches, districts, towns and cities with focus and key points.

Chapter 3 Conclusion

The viewpoints and solutions to perfect the state management of notarization in the field of property transfer in the whole country in general and in Ho Chi Minh City in particular are based on the Party's guidelines and policies on the Strategy for building and perfecting the law until 2010, vision to 2020 and the Judicial Reform Strategy until 2020 according to Resolutions No. 48-NQ/TW and Resolution No. 49-NQ/TW dated June 2, 2005 of the Politburo. Therefore, to perfect the state management of notarization in the field of property transfer in the coming time, it is necessary to well implement the viewpoints and orientations on perfecting the legal system and judicial reform that Resolution No. 48-NQ/TW and Resolution No. 49-NQ/TW of the Politburo have set forth. In particular, focusing on perfecting institutions, promoting decentralization and delegation of power to localities; Promote the self-management role of notary social-professional organizations in managing notary activities; continue to inherit the results achieved after implementing the Notary Law, especially the results of socialization; at the same time, continue to research, consult, and cooperate with countries that have notary institutions suitable to the conditions of socio-economic development and notary activities in our country.

Along with proposing viewpoints and directions for improvement, in order for state management of notarization to be effective, it is necessary to effectively implement short-term and long-term solutions, focusing on implementing specific solutions such as:

Strengthening the organization, improving the capacity of the staff of state management officials on notarization, promoting decentralization and delegation of power to localities; paying attention to investing in facilities and funding for state management on notarization, enhancing the application of information technology to this activity; strengthening inspection and examination; innovating the model of state management advisory agencies on notarization at the local level.


methods, including studying the establishment of a Judicial Support Department under the Department of Justice.

Improve professional ethics and professional qualifications for notaries through strengthening supervision of the implementation of the Code of Ethics for Notary Practice; innovate the program and content of notary training associated with the development of standard programs and curricula and a team of professional teachers, smoothly combining theoretical and practical teaching.


CONCLUDE


From the contents presented above, it can be seen that the law on notarization was formed very early in the world. Depending on each country, each different legal system, the regulations on notarization are also different and along with the change of socio-economic conditions, the notarization institution has also changed a lot. Therefore, in order to improve the effectiveness of state management activities on notarization, continuing to perfect the legal system on notarization and related legal documents is an inevitable thing that the State needs to regularly implement.

We see that strengthening state management of notarization, including promoting socialization of notarization, is an urgent requirement to ensure the requirements of judicial reform, administrative reform and international integration as well as objectively reflecting the implementation of democracy in the process of realizing the goal of building a socialist rule-of-law state today. However, this is not only based on subjective will but also on the conditions and capabilities of the state apparatus and the actual effectiveness of state management activities. Therefore, a synchronous and serious study of notarization in our country in both theory and practice is very necessary to propose solutions to promptly meet the development needs of notarization organizations, contributing to the restoration of order and discipline of society by ensuring the legal safety of contracts and transactions, and reducing the burden of administrative procedures for state agencies.


LIST OF REFERENCES


1. Vu Huy Bang (1999), Theoretical and practical bases for perfecting notarization in Vietnam today, Master's thesis in Law, Hanoi National University.

2. Nguyen Ngoc Bich (2008), Socialization of notary activities and the need to improve notary laws, Democracy and Law Magazine, (No. 6), pp. 5-8.

3. Politburo (2002), Resolution No. 08-NQ/TW dated January 2, 2002 on a number of key tasks of judicial work in the coming time , Hanoi.

4. Politburo (2005), Resolution No. 48-NQ/TW dated May 24, 2005 on the Strategy for building and perfecting the Vietnamese legal system by 2010, with a vision to 2020 , Hanoi.

5. Politburo (2005), Resolution 49-NQ/TW dated June 2, 2005 on Judicial Reform Strategy to 2020 , Hanoi.

6. Ministry of Justice (2013), Report No. 105/BC-BTP dated May 13, 2013 summarizing 5 years of implementing the Notary Law, Hanoi.

7. Ministry of Justice (2009), Innovation in organization and operation of notary in the context of administrative reform in Vietnam , Scientific conference, Hanoi.

8. Ministry of Justice (1987), Circular No. 574-QLTPK dated October 10, 1987 on State notary work, Hanoi.

9. Ministry of Justice (1987), Circular No. 858-QLTPK dated October 15, 1987 on guidance on notarization, Hanoi.

10. Government (1996), Decree 31/CP dated May 18, 1996 on the organization and operation of State notary public, Hanoi.

11. Government (1996), Decree No. 75/2000/ND-CP dated December 8, 2000 on notarization and authentication, Hanoi.

12. Quang Ngai Provincial Party Committee (2015), Documents of the 14th Provincial Party Congress, Quang Ngai.

13. Communist Party of Vietnam (1986), Documents of the 6th National Congress of Delegates , Truth Publishing House, Hanoi.


14. Communist Party of Vietnam (2011 ), Documents of the 11th National Congress of Delegates , National Political Publishing House - Truth, Hanoi.

15. Le Thi Bich Hanh (2010), “ There should be specific regulations and instructions for some notarization procedures ”, Democracy and Law Magazine, (February special issue), pp.23-25, 32.

16. Council of Ministers (1991), Decree No. 45/HDBT dated February 27, 1991 on the organization and operation of State notary public, Hanoi.

17. Government Council for Coordination of Legal Dissemination and Education (2007), Special Issue on Legal Dissemination No. 13: Special Topic on Notarization and Authentication, Justice Publishing House, Hanoi.

18. Le Quoc Hung (2009), Notary Law and the issue of socialization of notary activities, Journal of Legislative Studies, (No. 21), pp.52-55.

19. Trinh Duy Hung (2010), Some opinions on the implementation of notarization and authentication requirements for business transaction contracts , Democracy and Law Magazine, (February special issue), pp. 30-32.

20. Ha Linh (2008), “Some shortcomings in issuing copies, certifying copies and certifying signatures”, Democracy and Law Magazine, (No. 8), pp. 60-61.

21. Ngo Khac Ngoc (2013), Socialization of notary activities in Gia Lai province,

Master's thesis, Ho Chi Minh National Academy of Politics and Public Administration, Hanoi.

22. Pham Xuan Phuong (2010), “ Hanoi and the implementation of notary socialization ”, Democracy and Law Magazine, (February special issue), pp.13-15.

23. National Assembly of the Socialist Republic of Vietnam (2006), Law on Notarization , Hanoi.

24. National Assembly of the Socialist Republic of Vietnam (2014), Law on Notarization , Hanoi.

25. National Assembly of the Socialist Republic of Vietnam (2013), Land Law, Hanoi.

26. Prime Minister (2012), Decision No. 2104/QD-TTg dated December 29, 2012 approving the Master Plan for the development of notary practice organizations until 2020, Hanoi.

27. Phan Thuy (2008), “ Avoid confusing notarization with authentication ”, Democracy and Law Magazine, (No. 9), pp. 47-50.


28. Nguyen Van Toan (2004), " Vietnamese notary in a market economy following the Latin notary model ", magazine: Special issue of Legal Science Information, p. 3 (No. 1/2005).

29. Pham Thi Mai Trang (2013), Socialization of notarization in Vietnam today, current situation and solutions, Master's thesis , Hanoi National University, Hanoi.

30. Dang Van Tuong (2010), State management of notarization and authentication in our country today and the issues raised , Democracy and Law Magazine (No. 168), pp. 47-50.

31. Wikipedia, Ho Chi Minh City , https://vi.wikipedia.org/wiki/Th%C3%A0nh_ph%E1%BB%91_H%E1%BB%93_C h%C3%AD_Minh, updated on May 21, 2017

32. Luat Duong Gia, The role of notary , https://luatduonggia.vn/vai-tro- cua-cong-chung-trong-linh-vuc-dat-dai, updated on March 22, 2016

33. Ho Chi Minh City People's Committee, Decision 1651/QD-UBTP on promulgating regulations on criteria and methods for appraising dossiers for establishing notary organizations in 2013 in Ho Chi Minh City , https://thuvienphapluat.vn/van-ban/Dich-vu-phap-ly/Quyet-dinh-so-1651-QD-UBND-thanh-lap-to-chuc-hanh-nghe-cong-chung-Ho-Chi-Minh-182460.aspx, updated on April 18, 2015

34. Nguyen Thi Hue See at: http://tcnn.vn/Plus.aspx/vi/News/125/0/1010073/0/21459/Kinh_nghiem_mot_so_nu oc_trong_cong_tac_quan_ly_cong_chuc_hanh_chinh_nha_nuoc, updated on November 30, 2015


APPENDIX


APPENDIX 1

( Issued with the Project on planning the development of notary practice organizations in Ho Chi Minh City until 2020 )



No.


District

Number of public practice organizations

certificate of establishment


Number of public practice organizations

evidence available up to 2011

Number of notary organizations growing

in each stage

2011 -

2015

2016 -

2020

1

District 1

05

04

00

01

2

District 2

04

01

01

02

3

District 3

04

01

01

02

4

District 4

03

01

01

01

5

District 5

04

02

01

01

6

District 6

05

01

01

03

7

District 7

05

00

02

03

8

District 8

05

00

02

03

9

District 9

05

01

02

02

10

District 10

04

00

01

03

11

District 11

04

00

01

03

12

District 12

05

00

03

02

13

Binh Thanh District

05

01

02

02

14

Binh Tan District

05

00

03

02

15

Go Vap District

05

02

02

01

16

Phu Nhuan District

03

00

01

02

17

Tan Binh District

05

02

02

01

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