Resolution No. 172/NQ-CP 2020 notarial profession development policies

RESOLUTION

Onnotarial profession development policies

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THE GOVERNMENT

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,

RESOLVES:

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 andLaw 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

1. Objectives

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.

2. Orientations

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.

II. MAJOR TASKS AND SOLUTIONS

1. Improving mechanisms, policies and laws to facilitate the stable and sustainable of notarial activities

a/ To review the implementation of the 2014 Law on Notarization and, on that basis, study and propose revisions thereto through raising the quality of notaries; to develop notarial practice organizations in a controlled manner; to ensure strict notarization order and procedures and study providing unified order and procedures for notarization and certification; to improve the quality of notarization services so as to meet increasingly high demands of the society; to complete the law on handling of violations in organization and performance of notarial activities, ensuring sufficient legal instruments for effective state management. To step by step build legal grounds for notarization of contracts and transaction agreements in the electronic environment.

b/ To review, amend, supplement or improve relevant legal documents aiming to ensure the consistency of the law on notarization with relevant laws, such as civil, land, housing, investment, securities, and security measures laws, etc.

c/ To formulate and promulgate documents guiding the implementation of financial policies for notarial practice organizations established in geographical areas with difficult socio-economic conditions or geographical areas with extremely difficult socio-economic conditions; to review and supplement financial regulations in the exploitation and use of databases concerning notarial activities as a basis for increasing the application of information technology in the field of notarization; to guide financial regimes for notary bureaus in order to settle some financial problems of notary bureaus and, at the same time, ensure that notary bureaus play the key role in the notarization service market serving political tasks and state management work in line with Resolution No. 19-NQ/TW of October 25, 2017, of the XII^thParty Central Committee, on further renewing the organization and management and raising the operational quality and efficiency of public non-business units.

d/ To review, amend and supplement regulations on handling of acts of using counterfeit documents and papers, impersonating notarization requesters or committing other violations related to notarial activities.

2. Intensifying the application of information technology in notarial activities to meet requirements of the building of an e-government and the Fourth Industrial Revolution

a/ To complete the development of a database on notarization in accordance with the Law on Notarization in order to serve notarial activities and ensure sharing and connection of notarization information with other relevant sectors and fields.

b/ To formulate plans on organization of and guidance on connection and sharing of data on land, housing, enterprises, and residence with the database on notarization, ensure interoperability between related departments and sectors and notarial practice organizations.

c/ Upon request of individuals and organizations, to implement interoperability on a pilot basis with regard to procedures for notarization, registration of use rights of land and land-attached assets, and taxes with a view to saving time and costs in performance of administrative procedures for individuals and organizations, thus helping detect and prevent sham transactions or legalization of illegal transactions and avoid loss of state budget revenues.

d/ To formulate training programs and organize training courses for notaries to exploit and use information systems and work in the cyber environment as well as update, connect and share data related to notarial activities.

dd/ To enhance international cooperation and learn experience of other countries in models of connection and sharing of data and information on notarization and digital notarization.

3. Developing notarial practice organizations in a stable and sustainable manner in association with socio-economic development of district-level localities

a/ To issue criteria for approving dossiers of request for establishment of notary offices (below referred to as criteria) in accordance with the Law on Notarization. Criteria must help evaluate the necessity of the establishment of notary offices together with notarization demands and socio-economic development conditions in district-level localities and ensure feasibility and stable and sustainable operation of notary offices after they are established. The establishment of new notary offices or relocation of notary offices from a district-level locality to another must comply with the issued criteria, relevant regulations and orientations for development of notarial practice organizations specified in this Resolution.

b/ To formulate a scheme on intensification of state management of notarial activities in localities with a view to meeting the requirement of further socializing notarial activities, ensuring that notarial profession development conforms with orientations set out in the Law on Notarization, this Resolution and local socio-economic development conditions.

c/ To strictly verify dossiers of request for establishment of notary offices and dossiers of request for relocation of notary offices from a district-level locality to another, ensuring satisfaction of the issued criteria and compliance with the orientations set out in this Resolution.

d/ To shift notary bureaus satisfying law-specified conditions to operate under the autonomy and accountability mechanism according to the roadmap whereby the State allocates funds for definite-term operation of these bureaus in accordance with Resolution No. 19-NQ/TW; to maintain notary bureaus that have exercised financial autonomy for them to take the key role in providing notarization services; to transform or dissolve inefficient notary bureaus in localities where notary offices have satisfied notarization demands; in difficulty-hit areas not yet facilitating the socialization of notarization activities, notary bureaus may be established to meet notarization requirements of individuals and organizations.

4. Raising the efficiency of state management of organization and performance of notarial activities and promoting the role of socio-professional organizations of notaries

a/ To attach importance to the quality of notaries in all stages of training and further training in notarial practice probation and appointment of notaries; to standardize input criteria of notarial profession training and further training activities; to determine norms of notarial profession training and further training for each year and each period in conformity with the country’s socio-economic development requirements.

b/ To carry out public communication for raising the awareness of citizens, agencies, organizations and enterprises about the position and role of notarial activities; to intensify inspection and examination and strictly handle notaries who violate law or professional ethics or handle notarial practice organizations that violate law; to resolutely suspend notarial practice, relieve from duty, terminate operation, or apply other forms of handling for notaries and notary practice organizations that violate law.

c/ To regularly exchange information on organization and performance of notarial activities with a view to detecting, investigating, preventing and timely handling acts of impersonating notarial practice organizations, notaries or notarization requesters or forging notarization-related papers; abusing notarization to legalize illegal transactions; or swindling to appropriate assets, while guaranteeing notaries’ lawful right to practice.

d/ To promote the self-management responsibility of socio-professional organizations of notaries in supervising practice activities of notaries; to issue rules on notarial practice ethics; to promptly detect negative phenomena in notarial practice and resolutely combat acts of breaching or treating against notarial practice ethics; to strictly handle members of the Vietnam Notary Association who violate law or notarial practice ethics or propose competent agencies to handle individuals and organizations that violate the law on notarization in accordance with regulations and Charter of the Vietnam Notary Association.

dd/ To provide support in terms of physical foundations for socio-professional organizations of notaries to properly perform their self-management tasks in line with the Political Bureau’s Conclusion No. 102-KL/TW od September 22, 2014, on mass associations.

e/ To increase international cooperation and learn experience in management of notarial activities and notarial practice from countries with developed notarial systems.

III. ORGANIZATION OF IMPLEMENTATION

1. Assignment of responsibilities

a/ The Ministry of Justice shall:

- Assume the prime responsibility for, and coordinate with ministries, sectors and localities in, performing the tasks and solutions specified at Point a, Section 1, Part II; Point dd, Section 2, Part II; and Points a, b, c and e, Section 4, Part II, of this Resolution.

- Promulgate a plan on implementation of this Resolution, and urge agencies and organizations to implement the plan; to preliminary and finally review the implementation of this Resolution and report implementation results to the Government and Prime Minister.

- Assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment, Ministry of Construction, Ministry of Finance and related agencies in, studying, formulating, and guiding localities in implementing, the interoperability mechanism with regard to procedures for notarization, registration of use rights of land and land-attached assets, and taxes.

b/ The Ministry of Finance shall:

- Assume the prime responsibility for, and coordinate with ministries, sectors and localities in, performing the tasks and solutions specified at Point c, Section 1, Part II of this Resolution.

- Ensure state budget funds for implementation of this Resolution in accordance with law.

c/ The Ministry of Natural Resources and Environment, Ministry of Construction, Ministry of Industry and Trade, State Bank of Vietnam, and Ministry of Justice shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in, performing the tasks and solutions specified at Point b, Section 1, Part II of this Resolution.

d/ The Ministry of Natural Resources and Environment, Ministry of Construction, Ministry of Planning and Investment, and Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Justice and localities in, performing the tasks and solutions specified at Point b, Section 2, Part II of this Resolution.

dd/ The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Justice and localities in, performing the tasks and solutions specified at Point d, Section 1, Part II of this Resolution.

e/ The Vietnam Notary Association shall assume the prime responsibility for performing the tasks specified at Point d, Section 4, Part II of this Resolution.

g/ Provincial-level People’s Committees shall:

- Assume the prime responsibility for, and coordinate with the Ministry of Justice and related ministries and sectors in, performing the tasks and solutions specified at Points a, d and dd, Section 2, Part II; in Section 3, Part II; and at Points b, c, dd and e, Section 4, Part II, of this Resolution.

- Perform the state management of notarial profession development in localities in accordance with this Resolution and other relevant legal documents.

- Ensure funds and arrange human resources for and organize the implementation of this Resolution in localities, and annually review the implementation of this Resolution and report implementation results to the Government and Ministry of Justice.

h/ The People’s Committees of Hanoi, Ho Chi Minh City and Hai Duong province shall perform on a pilot basis the tasks and solutions specified at Point c, Section 2, Part II of this Resolution; other provincial-level People’s Committees are encouraged to apply on a pilot basis the interoperability of administrative procedures as specified at Point c, Section 2, Part II of this Resolution.

2. Funds for implementation

a/ Funds for implementation of this Resolution must comply with the Law on the State Budget.

b/ Ministries, sectors, localities, agencies and organizations assigned to organize the implementation of relevant contents of this Resolution shall, based on contents and implementation progress of activities and current spending regimes, make annual funding estimates and send them to competent agencies for consideration and allocation in accordance with law.

Funds for the tasks performed by ministries, departments, sectors, agencies and organizations at the central level shall be covered by the central budget, while funds for the tasks performed by People’s Committees, departments, sectors, agencies and organizations in localities shall be covered by local budgets.

3. This Resolution takes effect on the date of its signing.

Ministers, heads of ministerial-level agencies and government-attached agencies, and chairpersons of provincial-level People’s Committees shall personally direct and take responsibility before the Government and Prime Minister for implementation of this Resolution; annually evaluate and report on the implementation of this Resolution. The Ministry of Justice shall urge, monitor, examine, summarize and report on the implementation of this Resolution and promptly report problems arising in the course of implementation of this Resolution to the Government and Prime Minister.

On behalf of the Government

Prime Minister

NGUYEN XUAN PHUC