To aim for the online notarization of contracts and transactions in Vietnam

First Deputy Prime Minister of Vietnam - Pham Binh Minh attends the Second National Congress of Notaries. Photo: VGP

On the morning of December 18, First Deputy Prime Minister of Vietnam - Pham Binh Minh attended and delivered a keynote speech at the plenary session of the Second National Congress of Notaries.

The Congress aimed to summarize the work of the first term from 2019 to the present, and propose the direction of activities for the second term of the Vietnam Notaries Association.

In 2019, 51 provinces and cities across the country established Notaries Associations with 2,600 notaries. After more than 3 years, associations have been established in all 63 provinces and cities across the country with 3,054 notaries.

The number of notaries is mainly concentrated in major urban areas with large populations and strong economic development, including Ho Chi Minh City with 448 notaries, accounting for 14.54% of the nationwide total; Hanoi with 445 notaries, accounting for 14.44%.

Notarization is one of the important judicial support institutions in Vietnam

In his directive speech at the Congress, First Deputy Prime Minister Pham Binh Minh emphasized that the Communist Party and the State have many policies regarding judicial work and the law in general, and the notarization activity specifically identifies notarization as one of the important judicial support institutions that need to be developed according to the private investment orientation.

Over the past 20 years, the Politburo has issued many resolutions directing notarization work, such as Resolution 08 in 2022, Resolution 49 in 2005, and Conclusion 92 in 2014, clearly showing the interest of the Communist Party and the State in notarization work.

Delegates attending the Second National Congress of Notaries. Photo: VGP

In June 2014, the National Assembly passed the Law on Notarization and the Amended Law on Notarization in 2018, creating an important legal basis for the increasingly developing notarization activity in line with appropriate steps and plans, highlighted in several ways.

First, the institutions and laws regarding notarization have become more complete, facilitating notarization activities and strongly attracting private investment; widely empowering professional social organizations of notaries while effectively enhancing state management role.

With the advice of the Ministry of Justice, the Government of Vietnam issued Resolution No. 172 on November 19, 2020, on notarization profession development policies, clearly defining the orientation, tasks, and solutions for developing notarization career, building professional organizations and a clean, strong contingent of notaries that meet the needs of socio-economic life.

Second, the contingent of notaries and notarization practicing organizations have increasingly matured and grown in both quantity and quality; notarization activities are more orderly. The Vietnam Notaries Association and Notaries Associations in all localities nationwide have been established, initially performing their self-management roles well, protecting the interests of their members, and coordinating quite well with state management agencies, especially in contributing to policy and legal development related to notarization.

Third, notarization practices gradually became more orderly, and their quality improved, having notarized, authenticated a large number of transactions, contracts, and other documents, contributing to the legal safety of transactions and contracts; protecting the legitimate rights and interests of organizations and individuals, serving state management in the field, and meeting social needs.

Fourth, international cooperation in notarization has yielded many specific results through collaborative activities with notaries from France, Spain, and Germany. Vietnam has actively and positively fulfilled its obligations as a member of the International Union of Notaries; successfully hosted the 6th Annual Meeting of the Asia Commission, thereby enhancing the image, position, and reputation of Vietnamese notarization.

First Deputy Prime Minister praised the efforts of the notaries, the important role of the Ministry of Justice, and the judiciary in advising the Government of Vietnam on unified state management in the field of notarization; the close and effective cooperation between the Communist Party, ministries, central authorities, local authorities, the practical contributions of the Notaries Associations nationwide and the Vietnam Notaries Association - the organization representing notaries.

Despite having only been in operation for 3 years amid many difficulties and unfamiliarity, particularly during the context of the COVID-19 pandemic, the Vietnam Notaries Association has achieved initial positive results, such as the gradual completion of its organizational apparatus; effectively representing and protecting the legitimate rights and interests of its members; actively participating in policy and legal development; enhancing international cooperation in the field of notarization...

These practical, specific results increasingly affirm the important role of notarization activities in ensuring the legal safety of parties involved in contracts and transactions, preventing disputes, protecting the legitimate rights and interests of individuals and organizations, contributing to ensuring social order and safety, and the economic development of the country, First Deputy Prime Minister emphasized.

First Deputy Prime Minister Pham Binh Minh delivers a directive speech at the Second National Congress of Notaries. Photo: VGP

On behalf of the Communist Party and State leaders, the First Deputy Prime Minister acknowledged and commended the achievements that notaries, professional social organizations of notaries have achieved recently.

At the same time, the Congress frankly acknowledged and evaluated the remaining issues and limitations in the organization and activities of the Association in the previous term, such as leadership, direction, and administration work in some matters that were still hesitant and not flexible; supervision of members in practicing was sometimes not close, leading to instances of some notaries violating laws and professional ethics; the uneven qualifications of notaries and those assigned notarial duties; the quality of notarization activities in some places and matters not meeting the requirements; the establishment of Notaries Associations in some localities was slow; and some aspects of coordination lacked cohesion.

Ensuring the legal safety of contracts and transactions is a measure of the value of notarization in Vietnam

The First Deputy Prime Minister stated that in the second term, the Vietnam Notaries Association needs to continue effectively implementing the policies of the Communist Party and the State in the field of notarization, especially Resolution No. 27 of the 6th Plenum of the 13th Central Committee on continuing to build and perfect the socialist rule-of-law state in the new phase; Resolution No. 72 in 2020 of the Government of Vietnam on developing the notarization profession, ensuring full and comprehensive promotion of the role of notarization activities in the socio-economic life of the country.

The First Deputy Prime Minister emphasized that the development orientation must ensure sustainability, taking the principle of legal safety for contracts and transactions as the primary condition and measure of the value of this activity, while clearly demonstrating the responsibility towards society and the people.

The Association needs to closely coordinate with the Ministry and the judicial sector, relevant ministries, and central authorities to study, review, and complete institutions and laws regarding notarization, and other related laws. Focus on attracting and mobilizing the intelligence of the notary team, proactively advising, proposing policies and specific solutions for digital transformation in notarization activities, contributing to practically implementing the Prime Minister's Decision No. 479 on approving the national digital transformation program.

The Association needs to focus on perfecting the organizational apparatus, its agencies, and local Notaries Associations towards scientific, effective, and efficient activities; increase the application of information technology in management, direction, and administration activities, ensuring consistency and unity.

The First Deputy Prime Minister emphasized the need for specific solutions to maximize the legitimate rights and interests of members; cooperate with the Ministry of Justice to focus on developing a quality team of notaries in quantity appropriate to social needs, with political bravery, and professional ethics; promoting the role and responsibility of self-management of professional social organizations of notaries in accordance with the law and international practices.

International cooperation in the field of notarization needs to continue to be strengthened, fulfilling the obligations of the International Union of Notaries even better; enhancing cooperative activities within and outside the union to elevate the position and image of Vietnamese notarization globally.

The First Deputy Prime Minister requested the Notary Council of the second term, members of the Standing Committee, the President, Vice Presidents, and the General Secretary of the Association to maximize responsibility, love for the profession, and clearly demonstrate the pioneer role in gathering, uniting, and promoting solidarity and intelligence in performing assigned duties and responsibilities, worthy of the trust and confidence of the Communist Party, the State, and the nationwide community of notaries.

The Standing Committee of the Vietnam Notaries Association for the second term is introduced. Photo: VGP

Promote the role of state management in notarization activities

On this occasion, First Deputy Prime Minister Pham Binh Minh proposed that the Ministry of Justice continue to promote its advisory role in assisting the Government of Vietnam in state management of notarization; ensuring the role of state orientation and regulation in supporting the development of the notarization profession; researching to standardize procedural processes associated with increasing the application of information technology, towards notarizing contracts and transactions in the electronic environment.

The Ministry of Justice should continue researching, advising the Government of Vietnam to develop and submit an amended Law on Notarization to the National Assembly for consideration and approval, ensuring full institutionalization of the policies and directions of the Communist Party on judicial reform, administrative reform, and improving the investment business environment in notarization activities; ensuring consistency and synchronization with related laws.

The First Deputy Prime Minister tasked the Ministries: Natural Resources and Environment, Construction, Planning and Investment, and Public Security with closely coordinating with the Ministry of Justice in the process of amending and supplementing the laws related to notarization activities such as the Land Law, the Housing Law, and the Real Estate Business Law to ensure consistency and synchronization in regulations on notarized transactions and contracts; sharing information in the databases on residents, enterprises, land, and real estate to ensure notarization activities are performed accurately, conveniently, quickly, and at low cost, contributing to ensuring legal safety for contracts and transactions; preventing risks and disputes; enhancing state management in the fields of land, real estate, and housing, and preventing tax loss for the State.

The People's Committees of provinces and centrally-run cities need to direct the Departments of Justice and related provincial departments and authorities to strengthen state management, inspection, and handling of violations while creating the necessary conditions to further improve the quality and efficiency of notarization activities locally.

Hai Minh

According to the Online Portal of the Government of Vietnam

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