Amending the law to overcome inadequacies in notarization activities

Cục trưởng Cục Bổ trợ tư pháp (Bộ Tư pháp) Lê Xuân Hồng. Ảnh: VGP/Lê Sơn.

Develop a controlled notary organization associated with residential areas

Responding to the Government e-Portal, Mr. Le Xuan Hong, Director of the Department of Judicial Assistance (Ministry of Justice) said: Over 6 years of implementation of the Law on Notarization in 2014, state management has achieved great results. . That is, the institution of notarization continues to be perfected, meeting the country's comprehensive renovation and international integration. Notarization activities as a type of public service are reformed in terms of organization and operation in the direction of socialization in order to promote the great potential of society, conveniently serving the increasing demand for notarization. get a raise. Effectiveness and effectiveness of state management for this activity combine with improving and combining the self-governing role of professional associations. Building a team of notary public (CCV) and a large and effective notary practice organization. By June 30, 2021, the whole country has about 47/63 localities completed the building of notary information database, reaching 75%.

Sir, how does the removal of notary planning affect the quality of notarization activities?

Mr. Le Xuan Hong: Article 2 of the Law amending and supplementing a number of articles of 11 laws related to planning passed by the National Assembly on June 15, 2018 has annulled regulations related to development planning. develop notarial practice organizations. Therefore, besides the advantages (promoting socialization, improving competitiveness, service quality, reducing the rigid and unnecessary intervention of the State in this activity), the abolition of planning Notary public has revealed a number of problems and inadequacies in the management of this activity. For example, the notary public office (VPCC) was established without the basis of notarization needs, and improperly distributed; creating unfair competition, potentially violating the law of some notarial practice organizations and CCVs; Notarial practice organizations are concentrated in central and densely populated areas, making it difficult for individuals and organizations to access services in remote and isolated areas.

Currently, the Ministry of Justice is reviewing the Law on Notarization and is expected to propose amendments and supplements to the Law on Notary with the above provisions. The Ministry of Justice has also advised the Government to issue Resolution No. 172/NQ-CP dated November 19, 2020 on the policy of developing the notary profession, which defines: Developing notary practice organizations control in association with residential areas, ensuring full and timely response to notarization requests of individuals and organizations; do not concentrate many notarial practice organizations in the same district-level area. At the same time, the Ministry of Justice has directed localities to develop criteria/projects to establish appropriate public offices and strengthen management in this area.

Inspection and examination of notary "false", notary "suspended"

The status of notarization is "false", CCV's transfer from one VPCC to another to "evade" the law on the fact that each VPCC must have 2 general partners, how should it be resolved in the near future, sir?

Mr. Le Xuan Hong: Regarding the status of notarization "false", in fact, there is still a status of notarization practice organizations, CCV signing and stamping notarized documents, but leaving some contents such as information on notarization blank. time, subject, property, value of contract or transaction; When the need for notarization arises, the parties themselves fill in the information in the notarized document. This is a prohibited act and if it is violated, it will be administratively sanctioned and penalized.

To overcome this, the Ministry of Justice has been directing to strengthen the inspection, examination and strictly handle violations. On May 26, 2021, the Ministry of Justice issued Official Letter 1615/BTP-BTTP on the implementation of Resolution No. 172/NQ-CP directing to strengthen the inspection, inspection, and strictly handle violations. on notarization and code of ethics for notarial practice, establish interdisciplinary inspection teams to handle violations in the notarization of contracts and transactions, especially the status of "false" notarization. suspended", notaries "wait", transfer to investigative agencies for criminal handling of violations of notarial practice in accordance with law.

The Department of Justice Coordinating with the Inspectorate of the Ministry and public security agencies to strengthen the work of unscheduled inspection and strictly handle notarial practice organizations and civil servants when there is information about notarial acts. false", individuals, organizations use notarized documents "false" to "evade taxes", "launder money".

In the coming time, we need to continue to improve the relevant legal provisions, order and procedures for notarization as well as improve the quality of CCV.

In case of CCV moving from one office to another to "evade" the provisions of the Law on Notary Publications that each public office must have two notary partners, to avoid having the decision to allow its establishment revoked. To overcome this problem, the Ministry of Justice has issued Circular No. 01/TT-BTP dated February 3, 2021 providing for the deletion of practice registration and revocation of CCV card when no longer practicing at that organization.

At the same time, promote inspection and inspection for this activity.

What specific solutions does the Ministry of Justice have to overcome the above situation?

Mr. Le Xuan Hong: The Ministry of Justice will study to amend and supplement regulations on development planning of notarial practice organizations and regulations on the requirement that public offices must have 2 or more general partners. Due to the removal of regulations on planning, the situation in some places is "hot", not based on demand, and unreasonable allocation. At the same time, the law stipulates that the VPCC must have 2 or more general partners, leading to the situation of "circumvention of the law" through the above-mentioned form of CCV transfer.

In addition, the regulation that the VPCC must have 2 or more general partners also needs to be considered because notarization activities are associated with CCV individuals; notarized documents established by CCV, take personal responsibility; VPCC is just a place of practice. At the same time, strengthen training and retraining to develop a contingent of civil servants to meet practical needs.

Handling the "warping" between the Law on Notary and the Land Law

One of the issues that "contradict" each other of the Notary Law and the current Land Law is the validity of notarized documents. How should this problem be solved?

Mr. Le Xuan Hong: Clause 3, Article 188 of the Land Law 2013 stipulates: “The conversion, transfer, lease, sublease, inheritance, donation, donation, mortgage of land use rights, capital contribution by land use rights must be registered at the land registration agency and take effect from the time of registration in the cadastral book. In the field of notarization, Clause 1, Article 5 of the Law on Notary stipulates: "Notarized documents take effect from the date they are signed and sealed by the notary public."

Personally, I think that these are two different contents. Accordingly, the registration is the declaration and recording of the legal status of the rights to the land parcel and the assets recorded in the cadastral records of the land parcel, the person with the right to use it, and the changes managed by the State. physical. The registration also demonstrates the principle of the property of citizens and organizations publicly protected by law, recognized and protected by the State.

The notarized document represents the legal value and is enforceable and executed between the parties to the transaction. Notarized contracts and transactions take effect from the time of notarization and are enforceable to related parties. Therefore, the effective time of the notarized document is different from the time when the transferee of the land use right establishes the use right upon registration in accordance with the law.

However, when amending and supplementing the Law on Land and the Law on Notary, it is also necessary to study to provide more specific and clear regulations on this issue.

The inevitable trend of "digital notary" today

According to experts, the implementation of "digital notarization" should be implemented soon in the near future. What is your opinion on this matter?

Mr. Le Xuan Hong: On June 15, 2021, the Prime Minister issued Decision No. 942/QD-TTg approving the e-Government development strategy towards digital government in the period of 2021 - 2025, with orientation to 2030. The strategy sets out five target groups by 2025; 6 national key tasks and key tasks of ministries, branches and localities in a very specific way.

Digital transformation of notary activities is an inevitable trend, part of the national digital transformation strategy.

The roadmap for the development and application of "digital notarization" will have to be consistent with the strategy and roadmap that the Government has oriented. Applying "digital notarization" is an important step towards digital transformation in notarization activities.

Implementing "digital notarization" will contribute to solving many existing problems and problems that traditional notarization cannot solve such as notarization, notarization outside records, fraud on documents. , forge identity and notarized records, reduce costs, simplify processes, shorten procedures, save time and improve state management efficiency. However, the application of "digital notarization" requires major changes in the legal corridor, from the notarization professional process to the recognition of the legal value of digital data, digital signatures, data authentication, data communication

The construction of "digital notary" is being seriously studied to report to the competent authorities in the upcoming revised Notarization Law project. As I mentioned, the issue of digital notarization, including online notarization, is being seriously studied to report to the competent authorities for consideration and decision in the upcoming draft Law on amendments and supplements to the Law on Notary. next.

In the context of the COVID-19 epidemic, when implementing social distancing, economic activities must still be ensured. So should we do online notarization of part of the notarization procedure, sir?

Mr. Le Xuan Hong: Notarization activities are associated with socio-economic activities of people and businesses, so during the time of social distancing to prevent and control the COVID-19 epidemic, notary practice organizations still working to handle notarization requests of individuals and organizations.

The current Notarization Law does not have regulations on notarization in the form of online. However, to overcome a part of the difficulty, some notarial practice organizations have accepted the submission of copies of documents related to contracts, transactions requiring notarization via e-mail, application software. other online payment method or the payment of notary fees through online payment as an alternative to the previous direct payment method.

Thank you!

Le Son

Government E-portal