Notarization activities in the province: There are still problems

After 6 years of implementing the Law on Notarization, notarization activities in the province have developed many difficulties but still have some difficulties and problems.

Deployed in a timely manner After the Law on Notarization took effect (January 1, 2015), the Provincial People’s Committee issued the regulations on criteria and methods for appraising documents to establish notary offices and the ceiling of notarization fees in the province. . In 2016, the Provincial People’s Committee allowed the establishment of the Provincial Notary Public Association (CCV) and in 2017 approved the association charter. Implementation of notarization requests at Le Thi Kim Anh Notary Office. (Illustrative photos) Every year, the Department of Justice coordinates with the Association of civil servants to organize training courses on notarization skills for civil servants, professional staff, apprentices to practice notarization of notary organizations in the province. With the consent of the Provincial People’s Committee, the Department of Justice has completed the construction and installation of software to exploit the database to prevent notarization for notarization organizations, helping to minimize risks in operations. notarization, ensuring the legitimate interests of individuals and organizations. Besides, districts, towns and cities actively propagated the regulations on notarization. Notary organizations strictly implement the posting of administrative procedures for notarization, ceiling notarization, translation fees at the headquarters, internal regulations, notarization process … at the head office. room. There are still problems However, notarization activities in the area still have problems. Currently, a number of provisions in the Civil Code, Housing Law, Land Law, Marriage and Family Law… relating to notarization are overlapping or not specific; the instruction and explanation of the law are still slow. Ms. Nguyen Thi Nhu Huong – Head of the Central Notary Office stated, the prescribed marital status certificate is valid for 6 months from the date of issue, but in fact, the paper only identifies the marital status at the time. granted. Therefore, it is difficult to ensure that within 6 months, the marital status of the person performing the transaction is still the same as the certificate of marital status issued and still valid for use. Notarization and certification of contracts and transactions related to projects are also causing notarization organizations to be confused by the legality of some projects (incomplete financial obligations). , construction is still in violation …) but there is no official document of the authority to limit the transaction of these projects. This leads to the fact that there are notary organizations that still certify this type of contract, transaction, and some places refuse … The use of fake papers and documents in notarization activities is also increasingly sophisticated and complicated. In 2020, Kim Ngan Notary Office discovered a suspected case of using fake papers. According to Mr. Dang Van Thang – Head of the Office, in the documents submitted at the office, the red book has a more vibrant color than usual, there is no coordinate system; signature and full name of the person authorized to issue in the identity card with the sign of 2 different people. The office has reported to the ward police to make a record for further verification and handling. In addition to this case, the office has many times discovered signs of fake documents, but the notarization requester immediately took back the papers and left. Ms. Nhu Huong also confirmed every case of suspected fake red books; The paper-counterfeiting technology is more and more sophisticated and difficult to detect with the naked eye. As of March 15, the province has 27 notary public organizations operating, including the Notary Office and 26 notary offices, with 56 civil servants. By 2020, the above organizations have paid more than 5 billion VND to the budget and taxes. In addition, although the notarized database in the province has been put into operation, it has not been linked with the database on civil status, land, registration of security measures … Certificate of contract, transaction, CCV must request the notarization requester to provide information or verify the information, leading to an extension of the certification period. Mr. Dang Van Khanh – Deputy Director of the Department of Justice said that recently, the provincial civil servants association has asked the Department of Justice to propose to the Provincial People’s Committee to request the Central to study, review and complete the legal system related to activities. notarization. At the same time, there will be stricter sanctions against cases of providing false information and documents; using counterfeit papers or illegally erased or corrected to request notarization; at the same time to widely inform the handling results, fake tricks … for people to know and prevent. The Association also proposed the Provincial People’s Committee to direct the Department of Natural Resources and Environment to build a database on real estate, linking with notarized databases to improve the efficiency of state management on notarization, to facilitate in searching and exploiting real estate information. The Association also petitioned the Provincial People’s Committee and related departments and branches to direct documents on which projects are allowed to transact, which projects are not allowed, creating a clear legal corridor for transactions in the area. The Department of Justice is coordinating with the concerned departments and branches to synthesize their opinion and advise the Provincial People’s Committee to propose the Central to remove problems. NGUYEN VO