State Management of Content (State Management of Notarized Contracts and Transactions)

Perform main activities such as: Issuing and organizing the implementation of legal documents, policies for developing the notary profession; establishing, consolidating, merging, transferring, converting, dissolving notary practice organizations; training and fostering notary profession; appointing, reappointing, dismissing notaries; inspecting, examining, handling violations, resolving complaints and denunciations...

1.1.3.2. State management of content (state management of notarized contracts and transactions)

This content is stipulated in many legal documents with content in many different fields. With the role of certifying the authenticity and legality of contracts and civil transactions, the accuracy, legality, and non-contravention of social ethics of translated documents and papers, the careful appraisal of notarized records before signing is the most important task of notaries in particular and notary organizations in general. Because if the appraisal and certification are not accurate, it will easily lead to many risks for customers and the risk of being sued by customers, demanding compensation for damages, incurring legal liability for individuals, causing instability in society. Notarization activities include a series of very complicated procedures from the time the notary receives the will of the parties to the contract, such as determining the status of the subject, checking the civil capacity, the voluntariness of the parties in the contract, determining the legal origin of the contract subject, checking the legality of the contract, etc.

After more than 10 years of implementing the Notary Law, the overload pressure at the State Notary Offices after the establishment of Notary Offices, the reduction of certification requirements of state administrative agencies has brought about efficiency. However, the rapid development of notary organizations, mainly Notary Offices, has made the management work difficult.

Maybe you are interested!

• Content and Criteria for Evaluating State Management of Mineral Exploitation Activities in the Province
• Urban Planning, State Management Content of Urban Planning
• Criteria Factors for Evaluating State Management Content of Thanh Hoa Province for Ptdlbv.
• Content and Criteria for Evaluating State Budget Expenditure Management at District Level
• Directions for Improving State Management of Tourism Activities in Dak Nong Province

The state's control over this activity has revealed many loopholes, and many violations of the law have occurred in notary activities. Especially when the professional qualifications of notaries exempted from vocational training before being appointed are still limited, creating opportunities for subjects to take advantage of forging documents, signatures in civil transaction contracts, and authorization papers to transfer ownership of assets... The phenomenon of competition and leniency in notary activities has raised many questions about the quality of notarized documents at Notary Offices. The system of notary organizations has been established in many places, but there is a lack of connection to share information, and there is no common database nationwide to control transactions, leading to a situation where one asset is certified by many notary organizations, causing many unstable consequences in society.

1.1.3.3. State management through inspection, examination and handling of violations

Inspection, examination and handling of violations are important contents in state management work. Through inspection and examination activities, state agencies correctly assess the actual implementation of policies, laws, including loopholes and shortcomings of policies, laws, and management mechanisms; identify violations, clarify causes, make recommendations to correct, overcome, and handle violations discovered through inspection and examination... at the same time, helping state management agencies have a practical basis to study, supplement, amend and perfect policies, laws, and management mechanisms... that have been issued or issue new policies accordingly. On the other hand, through inspection and examination conclusions, state agencies provide professional guidance to notary organizations, and discover and commend new and typical factors.

1.1.4. State management entity of notarization

The 2014 Notarization Law specifically stipulates the State management entity of notarization as follows:

- The Government unifies state management of notarization.

- The Ministry of Justice is responsible to the Government and the Prime Minister for implementing state management of notarization, with the following duties and powers:

+ Issue or submit to competent state agencies for issuance of legal documents on notarization;

+ Develop and submit to the Government for promulgation policies on the development of the notary profession, submit to the Prime Minister for promulgation the Master Plan for the development of notary practice organizations nationwide;

+ Preside over and coordinate with relevant ministries and branches to guide, deploy and manage the implementation of the Master Plan for the development of notary practice organizations nationwide;

+ Propagating and popularizing laws on notarization and policies on developing the notary profession;

+ Appointment, reappointment, dismissal of notaries;

+ Approve the Charter of the national socio-professional organization of notaries after reaching agreement with the Ministry of Home Affairs; suspend the implementation and request amendments to documents and regulations of the socio-professional organization of notaries that are contrary to the provisions of the Constitution, the Law on Notarization and other relevant legal documents;

+ Inspect, examine, handle violations, resolve complaints and denunciations about notary activities according to authority;

+ Annually report to the Government on notary activities;

+ Manage and implement international cooperation on notary activities;

+ Other duties and powers as prescribed by the Law on Notarization and other relevant legal documents.

- The Ministry of Foreign Affairs is responsible for coordinating with the Ministry of Justice in guiding, inspecting and examining the notarization performance of Vietnamese representative agencies abroad, organizing notarization training for consular officers and diplomatic officers assigned to perform notarization; annually reporting to the Ministry of Justice on the notarization activities of Vietnamese representative agencies abroad for synthesis and reporting to the Government.

- Ministries and ministerial-level agencies, within the scope of their tasks and powers, are responsible for coordinating with the Ministry of Justice in implementing state management of notarization.

- The People's Committee at the provincial level performs state management of notarization in the locality and has the following tasks and powers:

+ Organize the implementation, dissemination and popularization of laws on notarization and policies for the development of the notary profession;

+ Implement measures to develop notary practice organizations in the area in accordance with the Master Plan for the development of notary practice organizations approved by the Prime Minister;

+ Decide to establish Notary Offices, ensure facilities and working means for Notary Offices; decide to dissolve or convert Notary Offices according to the provisions of the Law on Notarization;

+ Issue criteria for reviewing applications for establishing Notary Offices; decide to permit the establishment, change and revoke decisions permitting the establishment of Notary Offices, permit the transfer, consolidation and merger of Notary Offices;

+ Issue a ceiling on notary fees at the local level;

+ Check, inspect, handle violations and resolve complaints and denunciations about

Notarization according to authority; coordinate with the Ministry of Justice in inspection and examination of notarization;

+ Report to the Ministry of Justice on the establishment, conversion, and dissolution of Notary Offices; permit the establishment, consolidation, merger, and transfer of Notary Offices in the locality. Annually report to the Ministry of Justice on notary activities in the locality for synthesis and reporting to the Government;

+ Other duties and powers as prescribed by the Law on Notarization and other relevant legal documents.

- The Department of Justice is responsible for assisting the Provincial People's Committee in performing state management of notarization in the locality, performing the tasks and powers prescribed in the Law on Notarization and other relevant legal documents.

MINISTRY OF JUSTICE

MINISTRY, MINISTRY-LEVEL AGENCIES

PROVINCIAL PEOPLE'S COMMITTEE

The state management subjects of notarization can be summarized through the following model:

GOVERNMENT

RELATED DEPARTMENTS AND INDUSTRIES

NOTARY OFFICE

NOTARY OFFICE

DEPARTMENT OF JUSTICE

Note: : Command relationship

: Coordination relationship

1.2. Some factors affecting state management of notarization

The effectiveness of state management activities on notarization is affected by many factors, including basic factors such as: the country's political and legal institutions; resources to perform state management tasks; social factors.

1.2.1. Political and legal factors

For each country, the legal system always depends on the political regime. The political regime plays a decisive role in the formation of the legal system. Once the legal system is complete, ensuring unity, synchronization, feasibility, suitability to practical requirements, easy to understand, easy to apply, public, transparent, it will ensure that state management brings about effectiveness, efficiency, promoting the development of all aspects of social life in general, and notary activities in particular.

1.2.2. Resource factors

Regarding management resources, this factor includes two main contents: human resources and material resources. Regarding human resources, management effectiveness depends on the effectiveness of public service performance of civil servants in the state management agency system. A civil servant or a state management agency that operates without quality or low efficiency will affect the quality and effectiveness of the entire state management system, not bringing about the desired results. However, in addition to the human resource factor, material resources also play a very important role. In order for state management activities to be effective, the State needs to pay attention to investing in facilities such as: headquarters, working equipment, application of science and technology, funding, etc. in the best way for the operation of the state management agency system on notarization to meet the requirements of assigned tasks.

1.2.3. Social factors

Social factors also play an important role in the effectiveness of state management of notarization. It is necessary to raise social awareness of the position and role of notarization in social life so that people actively use notarization services to protect their legitimate rights and interests, creating conditions for this activity to develop more and more stably.

Chapter 1 Conclusion

Notarization is understood as the act of a notary, at the request of an organization or individual or as prescribed by law, certifying the legality, authenticity, and non-contravention of social ethics of contracts, transactions, documents, and papers to ensure the interests of the state and the legitimate rights and interests of organizations and individuals.

In our country, the State always plays a management role in the notary field, which is the State using its management measures and tools to influence notary activities in order to make the system of notary organizations operate in accordance with the law, in the right direction and with the goals desired by the State.

The State manages the notary field through the following contents: Issuing legal documents; developing and organizing the implementation of policies for the development of the notary profession as well as the overall planning for the development of notary organizations nationwide; training, fostering, appointing, reappointing, and dismissing notaries; deciding on the establishment, conversion, dissolution, transfer, consolidation, merger, and licensing of notary organizations; deciding on the ceiling of notary remuneration; implementing international cooperation on notary activities; managing the organization and operation of notary social-professional organizations; inspecting, examining, and handling violations.

Handling violations, resolving complaints and denunciations about notary activities.

The Government is the agency that unifies the state management of notarization nationwide. The Ministry of Justice is the specialized agency responsible to the Government and the Prime Minister for implementing state management of notarization. The Ministry of Foreign Affairs is the agency responsible for coordinating with the Ministry of Justice in managing the notarization activities of Vietnamese representative agencies abroad. The provincial People's Committee is responsible for implementing state management of notarization in the locality. The Department of Justice is the specialized agency responsible for assisting the provincial People's Committee in implementing state management of notarization in the locality.

In general, in the world today, in one way or another, countries all perform the role of state management over notary activities. On the one hand, it ensures that this activity is carried out in accordance with the law, develops in the right direction and meets the goals desired by the State. On the other hand, it ensures that notary activities perform well the function of protecting the interests of the State, the rights and legitimate interests of organizations and individuals.