THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, November 19, 2020
On notarial profession development policies
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the June 19, 2015 Law on Organization of Local Administration;
Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and Law on Organization of Local Administration;
Pursuant to the June 20, 2014 Law on Notarization;
Pursuant to the June 15, 2018 Law Amending and Supplementing a Number of Articles of 11 Laws concerning Planning;
Pursuant to the Government’s Decree No. 29/2015/ND-CP of March 15, 2015, detailing and guiding a number of articles of the Law on Notarization;
Pursuant to the Government’s Decree No. 138/2016/ND-CP of October 1, 2016, promulgating the Working Regulation of the Government;
At the proposal of the Minister of Justice,
In implementation of the Law on Notarization and the Prime Minister’s Decision No. 2104/QD-TTg of December 29, 2012, approving the overall master plan on development of notarial practice organizations through 2020, so far the Vietnam Notary Association and 55 notary societies have been established with 2,709 notaries currently practicing at 1,186 notarial practice organizations, including 1,068 notary offices. Notarial activities have vigorously been socialized and basically satisfied the notarization demand of individuals and organizations and affirmed their important position and role in the socio-economic life, thus contributing to protection of lawful rights and interests of individuals and organizations and to the national development.
However, over the recent time, there appears the situation of failure to observe the State’s policies on notarial profession development. Specifically, the establishment of notary offices was not based on the notarization demand; the relocation of notary offices from rural districts to the centers of urban districts, towns and provincial cities caused unfair competition and affected the sustainable development of the notarial profession, which are likely to make some notarial practice organizations and notaries violate law and, at the same time, make it impossible to satisfy the demand for notarization of contracts and transaction agreements of individuals and organizations in rural districts and areas far from central areas. The quality of notaries is not even and some of them still commit violations and notarial practice ethics; the application of information technology does neither match the increase in demands for transactions in notarial activities nor meet the requirement for preventing acts of swindling or abusing notarization to legalize illegal transactions, thus leading to social disorder and unsafety. There still lack necessary support tools in the state management work in the context of vigorous socialization of notarial activities; and socio-professional organizations of notaries have not yet promoted their self-management responsibility.
Stemming from the above reality and based on the Law on Notarization and Law Amending and Supplementing a Number of Articles of 11 Laws concerning Planning, in order to ensure the stability and sustainability of the notarial profession, the Government resolves to promulgate notarial profession development policies with the following specific contents:
I. OBJECTIVES AND ORIENTATIONS FOR NOTARIAL PROFESSION DEVELOPMENT
To develop the notarial profession in a stable and sustainable manner so as to create favorable conditions for individuals and organizations to access notarial services, ensure legal safety for parties to contracts and transactions, prevent disputes, and protect lawful rights and interests of individuals and organizations; to renew notarial activities to meet the country’s socio-economic development and judicial reform requirements and help Vietnam’s notarial activities integrate with the region and the world.
a/ To develop the contingent of notaries with quality and quantity meeting social demands, associating the assurance of the right to practice of notaries with their responsibility before law and notarization requesters.
b/ To develop notarial practice organizations in a controlled manner as suitable to residential areas, ensuring the full and prompt satisfaction of notarization requirements of individuals and organizations; not to establish many notarial practice organizations in the same district-level locality; to further renew notary bureaus to be streamlined with a rational structure, autonomy, effective operation and pivotal role in the notarization service market serving political tasks and state management work; to take measures to support the establishment of notarial practice organizations in geographical areas with difficult socio-economic conditions or geographical areas with extremely difficult socio-economic conditions.
c/ To encourage individuals and organizations to have their contracts and transaction agreements notarized so as to guarantee legal safety for the parties to contracts and transactions, thus helping reduce workload of administrative agencies as well as state payrolls and state budget expenditures.
d/ To raise the effectiveness and efficiency of state management of the notarial profession, ensuring the State’s orientating and regulating role in providing support for notarial profession development; to bind responsibilities of state management agencies in charge of notarization in localities in controlling the development of notarial practice organizations; to standardize notarization processes and procedures together with increasing the application of information technology in notarial activities and proceeding to notarize contracts and transaction agreements in the electronic environment; to raise the responsibility for coordination between ministries and sectors and the Ministry of Justice in organization and performance of notarial activities, especially in sharing of information and interoperability of administrative procedures; to prevent and combat crimes and abuse of notarization to legalize illegal transactions. To promote the self-management responsibility of socio-professional organizations of notaries, especially in combating negative phenomena and violations in notarial profession activities.
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