Decision No. 2104/QD-TTg dated December 29, 2012 of the Prime Minister approving the master plan on development of notarization practicing organizations through 2020

THE PRIME MINISTER

Decision No. 2104/QD-TTg of December 29, 2012, approving the master plan on development of notarization practicing organizations through 2020

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to November 29, 2006 Notarization Law No. 82/2006/QH11;

At the proposal of the Minister of Justice,

DECIDES:

Article 1. To approve the mater plan on development of notarization practicing organizations through 2020, with the following principal contents:

I. PLANNING VIEWPOINTS AND OBJECTIVES

1. Planning viewpoints

a/ The master plan on development of notarization practicing organizations is formulated on the basis of the 2011-2020 socio-economic development strategy in  conformity with the socio-economic development of each locality aiming to proactively meet the increasing demands of individuals and organizations for notarial services.

b/ Notarization is regarded as a special public service; notaries are appointed and authorized by the State to certify the lawfulness and authenticity of contracts and transactions, thus creating legal guarantees to protect the rights and lawful interests of individuals and organizations in conformity with the Constitution and law, and prevent risks and disputes. Notarization organization and activities must be highly stable and sustainable and be closely managed, oriented and regulated by the State under a national development master plan and implemented according to local master plans, ensuring that notarization activities be socialized in appropriate steps according to planning and specific roadmaps.

2. Planning objectives

a/ By 2020, to develop an extensive network of notarization practicing organizations rationally distributed in residential areas nationwide so as to fully meet organizations’ and individuals’ demands for notarization of contracts and transactions, increase the legal safety for contracts and transactions and assure that contracts and transactions related or possibly related to transfer of real estate ownership or use rights be notarized.

b/ To develop notarization as a professionalized and socialized public service to integrate into the region and the world and conform with international practices.

II. PLANNING CONTENTS AND IMPLEMENTATION ROADMAP

1. By 2020, to develop a total number of around 1,700 notarization practicing organizations nationwide, focusing on developing notarial offices, consolidating existing notarial bureaus and setting a roadmap for equitizing qualified notarial bureaus and transforming notarial bureaus into notarial offices. Notarial bureaus will only be established in disadvantaged areas without conditions for socialization of notarization so as to lessen the burden on state payrolls and budgets.

The master plan will be implemented under a 2-phase roadmap:

During 2011-2015: To develop around 1,000 notarization practicing organizations.

During 2016-2020: To develop around 700 notarization practicing organizations.

The development planning orientations and roadmap for implementing the master plan on notarization practicing organizations through 2020 in each province or centrally run city are provided in the enclosed appendix.

2. The planning of development of notarization practicing organizations in provinces and centrally run cities must comply with the approved master plan. Depending on the local socio-economic development situation, the total planned number of notarization practicing organizations in a province or centrally run city may be adjusted by 5% at most.

In case of adjusting the total planned number of notarization practicing organizations by no more than 5% but resulting in a difference from the approved detailed master plan, the provincial-level People’s Committee shall send an adjustment proposal to the Ministry of Justice for consideration and decision.

In case of adjusting the total planned number of notarization practicing organizations by more than 5%, the provincial-level People’s Committee shall send an adjustment proposal to the Ministry of Justice for reporting to the Prime Minister for consideration and decision.

3. For each newly established district, no more than 2 notarization practicing organizations may be added to the master plan. If a newly established district is large and populous, in order to satisfy the people’s great demands for notarial services, the provincial-level People’s Committee shall send a proposal for supplementation of the master plan on notarization practicing organizations to the Ministry of Justice.

4. The adjustment of the master plan on development of notarization practicing organizations specified in Clauses 2 and 3 of this Part must comply with the Prime Minister’s Decision No. 240/QD-TTg of February 17, 2012.

III. IMPLEMENTATION SOLUTIONS

1. Raising the awareness of authorities, sectors and related organizations and individuals and the entire society about the position and role of notarization activities

To make authorities and sectors fully aware of the nature, role and significance of notarization activities in judicial reform and socio-economic stability and development; to raise their sense of responsibility for notarization work; and to extensively and intensively disseminate information about the position and role of notarization in the entire society so that notarization becomes a voluntary demand of the people.

Implementation duration: 2012-2020.

2. Improving institutions and policies on notarization

To study amending and supplementing the Notarization Law and documents related to notarization along the line of enhancing state management and the role of socio-professional organizations, implementing a mechanism among house and land use rights registration agencies, tax agencies and notarization practicing organizations so as to exchange, provide and share information about real estate thus creating a complete, uniform, consistent and feasible legal framework for notarization activities while assuring convenience for people.

To study and elaborate a planning map of notarization practicing organizations by 2020.

To study and elaborate a scheme on equitization of notarial bureaus under an appropriate roadmap.

Implementation duration: 2012-2020.

3. Raising the effectiveness and efficiency of state management of notarization activities

a/ To study and propose a mechanism for renewing the state management of notarization activities toward synchronicity, efficiency and practicability and remedying existing limitations and shortcomings in these activities; to enhance the self-governance of notaries’ socio-professional organizations.

b/ To direct and guide localities in elaborating programs and plans on regular and irregular inspection and examination of notarization practicing organizations and notarization activities aiming to detect and promptly handle violations in notarization activities; to step up the guidance on notarization profession and inspection and examination skills in the notarization field; to exchange and share professional knowledge and practical skill experiences in notarization activities.

c/ To urge the transfer of the task of certifying contracts and transactions from district- and commune-level People’s Committees to notarization practicing organizations in districts with notarization practicing organizations capable of performing this task according to the Government’s Decree No. 88/2009/ND-CP of October 19, 2009, on the grant of certificates of land use rights and house and land-attached asset ownership rights. To strive to completely transfer the task of certifying contracts and transactions related or possibly related to real estate ownership or use rights from district- or commune-level People’s Committees to notarization practicing organizations so as to properly protect the rights and lawful interests of organizations and individuals, assure the legal safety of transactions and contribute to enhancing social management by law and socialist legality.

d/ To elaborate a scheme on sharing of common information and data on notarization of real estate documents, promoting the computerization of notarization activities.

e/ To increase coordination among notarization practicing organizations, house and land registration agencies and tax agencies so as to create a premise for the implementation of the one-stop shop mechanism in performing administrative procedures related to real estate transactions.

g/ To enhance international cooperation in notarization activities and make use of the assistance from other countries and international organizations for notarization activities.

Implementation duration: 2012-2020.

4. Attracting resources for notarization practice activities, increasing the quantity and quality of notaries

a/ To formulate mechanisms and policies to attract resources to participate in notarization practice activities, attaching importance to overseas-trained bachelors of law, in order to improve the quantity and quality of notaries and increase the number of large, highly professional notarization practicing organizations; to plan the development of notaries through 2020 in line with the master plan on development of notarization practicing organizations through 2020.

b/ To elaborate a national-standard notarial profession training program in conformity with advanced training programs in the region and the world.

To renovate the contents, programs and methods of training in the notarial profession, focusing on practice skills and practical experiences; to combine theoretical training with professional practice at notarization practicing organizations.

To increase refresher training in ethics, new legal knowledge, notarial practice skills and professional code of conduct for notaries; to organize periodical exams for appointed notaries; to enhance the inspection and supervision of and handling of violations committed by, notaries. To increase the quantity, quality and professional ethics of notaries. To build a contingent of notaries possessing high professional qualifications, firm political stuff and good ethical quality. To increase the quality and reputation of notarization activities so that notarization requests became voluntary demands of the people.

Implementation duration: 2012-2020.

5. Establishing notaries’ socio-professional organizations

a/ During 2011-2015: To establish notaries’ socio-professional organizations in major provinces and cities and other provinces and centrally run cities with developed notarial profession.

During 2016-2020: To continue expanding notaries’ socio-professional organizations in remaining provinces and centrally run cities; to establish a national notaries’ socio-professional organization which will join the International Union of Notaries before 2015 so as to promote the self-governance of notaries’ socio-professional organizations.

b/ To promulgate mechanisms and policies to bring into the fullest play the self-governance of notaries’ socio-professional organizations in performing their functions, tasks and powers regarding training, re-training and exchange of managerial experience and professional ethics in accordance with the law on associations on the basis of combining self-governance with state management.

Implementation duration: 2012-2020.

IV. ORGANIZATION OF IMPLEMENTATION OF THE MASTER PLAN

In order to assure the effective and uniform implementation of the master plan on development of notarization practicing organizations through 2020 nationwide, ministries and provincial-level People’s Committees shall perform the following tasks:

1. The Ministry of Justice

a/ To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, publicizing and effectively implementing this mater plan.

b/ To direct provincial-level People’s Committees to review, make statistics of, and evaluate the development of notarization practicing organizations in their localities so as to assure that notarization practicing organizations will be developed in conformity with the approved master plan.

c/ To assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and provincial-level People’s Committees in, elaborating the planning map of notarization practicing organizations through 2020.

d/ To assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and the Ministry of Home Affairs in, studying and proposing mechanisms and policies on equitization of notarial bureaus under an appropriate roadmap.

e/ To assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and the Ministry of Finance in, studying and formulating a mechanism of coordination among notarization practicing organizations, house and land use right registration agencies and tax agencies under an appropriate roadmap.

f/ To coordinate with the Ministry of Natural Resources and Environment in studying and building a common database on real estate so as to enhance legal safety for real estate transactions under an appropriate roadmap.

g/ To consider and decide on or report to the Prime Minister for consideration and decision the adjustment of the planned number and development roadmap of notarization practicing organizations in conformity with national and local socio-economic development in each period within its assigned management.

h/ To assume the prime responsibility for, and coordinate with ministries and provincial-level People’s Committees in, organizing a preliminary review of the implementation of the master plan at the end of the 2011-2015 period and the final review at the end of the 2016-2020 period and report review results to the Prime Minister.

i/ To implement the contents specified in Clauses 1, 2, 3, 4 and 5, Part III which are related to its functions and tasks.

2. The Ministry of Finance

a/ To assure annual budget allocations for the implementation of the master plan in accordance with the Law on the State Budget.

b/ To coordinate with the Ministry of Justice in studying and proposing mechanisms and policies on equitization of notarial bureaus under an appropriate roadmap; to perform the tasks specified at Point d and e of this Part.

c/ To implement the contents specified in Clauses 1, 2, 3, 4 and 5 of Part III, which are related to its functions and tasks.

3. The Ministry of Home Affairs:

a/ To coordinate with the Ministry of Justice in guiding provincial-level People’s Committees in establishing notaries’ socio-professional organizations; to perform the tasks specified at Points c, d and f, Clause 1 of this Part.

b/ To implement the contents specified in Clauses 1, 2, 3, 4 and 5 of Part III, which are related to its functions and tasks.

4. The Ministry of Natural Resources and Environment

a/ To assume the prime responsibility for, and coordinate with the Ministry of Justice in, studying and building a common database on real estate so as to increase legal safety for real estate transactions; to perform the tasks specified at Point e and f, Clause 1 of this Part.

b/ To implement the contents specified in Clauses 1, 2, 3, 4 and 5 of Part III, which are related to its functions and tasks.

5. Provincial-level People’s Committees

a/ To formulate plans on implementation of the master plan in their localities in strict accordance with the viewpoints, objectives, number of notarization practicing organizations and development roadmap approved in the master plan. For provinces and centrally run cities with notarization practicing organizations developed not in conformity with this master plan, to work out solutions and roadmaps for reorganization of notarization practicing organizations so as to assure that notarization practicing organizations will be developed in accordance with the approved master plan.

b/ To review and evaluate the implementation of the master plan in their localities. When necessary to adjust or supplement the master plans on development of notarization practicing organizations in their localities, to send their proposals to the Ministry of Justice for consideration and decision or reporting to the Prime Minister for consideration and decision.

c/ To implement measures to develop notarization practicing organizations, attaching importance to the development of notarial offices along the line of socialization in conformity with local socio-economic development situation.

d/ To organize preliminary reviews of the implementation of the master plan in their localities at the end of the 2011-2015 period and final reviews at the end of the 2016-2020 period.

e/ To review and evaluate the organization and operation of notarial bureaus in their localities and propose the equitization of qualified notarial bureaus under an appropriate roadmap.

f/ To assure funds and other conditions for the implementation of the master plan in their localities.

g/ To implement the contents specified in Clauses 1, 2, 3, 4 and 5 of Part III, which are related to its functions and tasks.

Article 2. This Decision takes effect on the date of its signing.

Article 3. The Ministry of Justice shall assume the prime responsibility for, and coordinate with related ministries, sectors and provincial-level People’s Committees in, organizing the implementation, preliminary review and final review of the master plan on the development of notarization practicing organizations through 2020.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.-

Prime Minister
NGUYEN TAN DUNG

GENERAL APPENDIX ON THE PLANNING AND DEVELOPMENT OF NOTARIZATION PRACTICING ORGANIZATIONS THROUGH 2020

(To the Prime Minister’s Decision No. 2104/QD-TTg of December 29, 2012)

Notes:

- The number of notarization practicing organizations planned for development during 2011-2015 includes existing notarization practicing organizations.

- Notarization practicing organizations include notarial bureaus and notarial offices.-