State management of notarization from practice in Quang Ngai province

illegal acts. The investment solution is to build a separate storage center so that all notary organizations in the province can store and share information between notary organizations, which will limit risks and facilitate inspection when required.

Chapter 3 Conclusion

The viewpoints and solutions to perfect the state management of notarization nationwide in general and Quang Ngai province 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 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 the institution, promoting decentralization and delegation of power to localities; promoting the self-management role of social-professional organizations of notaries in managing notarization activities; Continue to inherit the results achieved after 10 years of 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.

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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, 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.

To create a source of notaries, especially in localities far from notary training and development centers, and to ensure the implementation of the planning for the development of notary practice organizations approved by the Prime Minister, the Judicial Academy needs to have a separate notary training plan for these localities by considering recruiting students to open classes locally.

With the rapid development of notary organizations nationwide today, combined with increasingly diverse and complex civil, business, and commercial relations, notary organizations need to be linked together. To ensure the protection of the legitimate rights of notaries and unification in the practice of the profession, provinces and cities that have not yet established a Notary Association, including Quang Ngai province, need to establish one soon. The Ministry of Justice needs to submit to the Prime Minister the establishment of the Vietnam Notary Association soon to create a bridge and a common forum for notaries, thereby sharing experiences and information in the practice of the profession.

At the same time, contribute to the State management initiatives and discoveries about problems arising in practice to find solutions.

Along with the establishment of the Association and the Notary Association, the construction of a database of notarized contracts and transactions to create a connection to help limit risks in notarization activities is very necessary. Therefore, the Ministry of Justice needs to research and develop software to manage information on contracts and notarized transactions for common use nationwide to share information on transactions as well as information on prevention in notarization activities. The State needs to invest in building a common notarization archive for the whole province to store all notarization records in the whole province, and the information is networked between notarization organizations to limit risks and facilitate inspection and examination of notarization when required.

Promote the transfer of authority to certify contracts and transactions that administrative agencies are implementing to notary organizations, creating conditions for further promoting the socialization of notarization, ensuring approved planning requirements, ensuring legal safety for contracts and transactions of organizations and individuals, effectively serving judicial reform, socio-economic development and international integration.

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.

Results after 10 years of implementing the Notary Law show that policy-making agencies and state management agencies from the central to local levels have continuously consolidated and improved policies, legal systems and

management mechanism on notarization to serve the people better and better. However, in the implementation process, it is still inevitable that there will be difficulties, limitations and shortcomings as mentioned in Chapter 2, which need to be further studied and overcome. The process of overcoming these limitations and shortcomings needs to be closely linked to the process of perfecting the legal system and reforming the judiciary in accordance with the direction determined by the Politburo in Resolutions No. 48-NQ/TW on the Strategy for building and perfecting the law until 2010, with a vision to 2020 and Resolution No. 49-NQ/TW dated June 2, 2005 on the Judicial Reform Strategy until 2020.

Through this thesis, with the right research methods, based on the scientific and practical foundations of notary activities in our country in general, Quang Ngai province in particular since the Notary Law of 2006 up to now, assessing the current situation of 10 years of state management of notary (from 2006 to 2016) according to the provisions of the Notary Law of 2006 and the Notary Law of 2014, at the same time referring to notary models of some countries in the world, the thesis has clarified the limitations in state management of notary from the practice of Quang Ngai province.

It can be affirmed that the development of notary organizations is always closely linked to state management of this activity. Up to now, the network of notary organizations has been formed and widely deployed nationwide, meeting most of the requirements for certification of contracts and transactions of individuals and organizations. The activities of notary organizations have been gradually professionalized; organizations and individuals have access to notary services more and more conveniently and quickly; violations in notary activities leading to disputes, although there are some, are not many compared to the rate of contracts and transactions that notary organizations have performed; notary organizations have become trusted addresses for people. That

proving that the state management of notarization has met the requirements of national development and international integration. However, compared to notarization in countries with hundreds of years of development, notarization in our country is generally still young and needs to continue to be researched and improved to meet the movement of Vietnamese and world practices. Hopefully, the research results of the thesis "State management of notarization from the practice of Quang Ngai province" will contribute to the innovation, institutional improvement and good implementation of the state management function of notarization in our country in the new period.

With limited experience when conducting research on this issue for the first time as a student researching a topic in a law master's program, it is inevitable that there will be limitations and shortcomings. The author hopes to receive valuable comments and contributions from teachers, colleagues and those interested in state management activities on notarization so that the author can continue to research and improve this thesis./.

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