Quyết định 2104/QD-TTg

DECISION

APPROVING “THE MASTER PLAN ON DEVELOPMENT OF NOTARY PRACTISING ORGANIZATIONS TILL 2020”

THE PRIME MINISTER

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

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

At the proposal of the Minister of Justice,

DECIDES:

Article 1. To approve “the mater plan on development of notary practising organizations till 2020”, with the following principal contents:

I. PLANNING VIEWPOINTS AND OBJECTIVES

1. Planning viewpoints

a. The master plan on development of notary practising organizations is formulated on the basis of following close behind the strategy on 2011 - 2020 socio­-economic development; in conformity with the socio-economic development of each locality, aiming to proactively satisfy the increasing notary requirements of individuals and organizations.

b. Notarization is defined as a special public service; notaries are appointed and authorized by the State to certify the lawfulness and authenticity of contracts, transactions, create legal guarantees for the right and lawful interest protection of individuals, organizations in conformity with the Constitution and law, as well as prevent risks and disputes. The organization and operation in Notarization must be highly stable and sustainable and be closely managed, oriented and regulated by the State under a national development master plan and be carried out properly with local master plans, ensure that socialization of notary activities has proper steps according to the specific plans and roadmaps.

2. Planning objectives

a. By 2020, developing a broad network of notary practising organizations rationally distributed in association with residential areas nationwide, fully satisfying demands of organizations and individuals in society related to notarization of contracts and transactions, increasing the legal safety for contracts and transactions and assuring for all contracts and transactions involving or possibly involving transfer of real estate ownership or use rights to have to be notarized.

b. Developing notarization as a professionalized and socialized public service to put the Vietnam’s notarization to be integrated into the region and the world, and conform to international practices.

II. CONTENTS AND IMPLEMENTATION ROADMAP OF THE MASTER PLAN

1. By 2020, a total planned development number will be about 1,700 notary practising organizations nationwide, which mainly develop private notary offices, consolidate existing public notary offices, calculate a roadmap for equitizing eligible public notary offices, transform public notary offices into private notary offices. Public notary offices will only be established in disadvantaged areas having not yet had conditions for socialization of notarization in order to reduce the payroll and budget burden for state.

The master plan roadmap will be performed under 2 phases:

During 2011 - 2015: To develop about 1,000 notary practising organizations.

During 2016 - 2020: To develop about 700 notary practising organizations.

The orientation content of development master plan and the implementation roadmap of the master plan on notary practising organizations till 2020 in each province or centrally-run city are provided in the enclosed appendix.

The plans on development of notary practising organizations in provinces and centrally-run cities must comply with the approved master plan. Depending on the local socio-economic development situation, the planned number of notary practising organizations may be adjusted but the adjusted rate does not exceed 5% of total notary practising organizations planned in a province or centrally run city as has been approved.

In case of adjusting the plan on notary practising organizations by less than or equal to 5% of the approved total notary practising organizations which is different 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 by the Minister of Justice.

In case of adjusting the plan on notary practising organizations by more than 5% of approved total notary practising organizations, 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 newly-established districts, no more than 02 notary practising organizations may be added to the master plan. If a newly-established district is large and populous, has a great demand for notary services, and the notarization becomes inconvenient for the people, the provincial- level People’s Committee shall send a proposal for supplementation of the plan on notary practising organizations to the Ministry of Justice for consideration and decision by the Minister of Justice.

4. The adjustment of the plan on development of notary practising organizations stated in clause 2 and clause 3 of this Part must comply with the Decision No. 240/QD-TTg of February 17, 2012, of the Prime Minister.

III. SOLUTIONS TO IMPLEMENT THE MASTER PLANS

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

To grasp thoroughly awareness of authorities and sectors about the nature, role and signification of notarization activities in judicial reform as well as socio-economic stability and development; to raise the responsibility consciousness of authorities, sectors for notarization work; concurrently extensively and intensively disseminate the position and role of notarization in the entire society for purpose which notarization becomes a voluntary demand of the people.

Implementation duration: 2012-2020.

2. Improving institutions and policies on notarization

To study for amending and supplementing the Law on Notarization and documents related to notarization in direction of enhancing state management, role of socio-professional organizations, implementing a inter-agency mechanism among house and land use rights registration agencies, tax agencies and notary practising organizations in order to exchange, provide and share information about real estate aiming to create a complete, uniform, consistent and feasible legal ground for notarization activities and convenience for people.

To study to formulate a “map” of planning notary practising organizations till 2020.

To study to formulate a scheme on equitization of public notary offices under a proper roadmap.

Implementation duration: 2012-2020.

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

a. To study and propose to formulate a mechanism for renewing the state management over notarization activities toward assuring for synchronicity, efficiency and practicability of state management and remedying limitations and shortcomings in activities of state management over notarization in the present; to strengthen the self-governance role of socio-professional organizations formed by notaries.

b. To direct and guide localities in formulating programs and plans on regular and irregular inspection and examination of notary practising organizations aiming to detect and promptly handle violations in notarization activities; to step up the guidance on operations, inspection and examination in the notarization field; to exchange and share professional knowledge and experiences on practical skill in notarization activities.

c. To further direct to step up the transfer of the certifying contracts and transactions from district- and commune-level People’s Committees to notary practising organizations in locations where have notary practising 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. Toward transfer of all contracts and transactions which are being certificated by the district- or commune-level People’s Committees and related or possibly related to transfer of real estate ownership or use rights to the notary practising organizations aiming to well protect the rights and lawful interests of organizations, individuals, assure the legal safety of transactions and contribute to strengthening social management by law and socialist legislation.

d. To formulate a scheme on sharing of common information data on real estate notarization, step up policy on computerization of notarization activities.

dd. To increase coordination among notary practising organizations, house and land registration agencies and tax agencies, to create a premise for the inter-agency mechanism in implementation of the administrative procedures related to real estate transactions.

e. To strengthen the notarization international cooperation and make use of the assistance from other countries and international organizations for notarization activities.

Implementation duration: 2012 - 2020.

4. Attracting resources to joint in notarization practice activities; increasing the quantity and quality of notaries

a. To formulate mechanisms and policies to attract resources to joint in notarization practice activities, attaching importance to overseas-trained bachelors of law, in order to improve the quantity and quality of notaries and strengthen notary practising organizations with large scope and highly professionalism; to plan the development of notaries till 2020 in association with the master plan on development of notary practising organizations till 2020.

b. To formulate a national-standard program on training notarization profession in direction of accessing with advanced training programs of countries in the region and the world.

To improve the contents, programs and methods of training notarization profession in direction of focusing on practice skills and practical experiences; to combine theoretical teaching with professional practice at notary practising organizations.

To strengthen the retraining of moral qualities, new legal knowledge, notary practising skills and the notarial practising moral rules for notaries; to organize periodical exams for appointed notaries; to strengthen inspection, supervision and handling of violations committed by notaries. To increase the quantity, quality and professional morals of notaries. To set up a contingent of notaries who are good at professional skills, have firm political bravery and bright professional morals. To enhance the quality and prestige of notarization activities so that notarization requests become voluntary demands of the people.

Implementation duration: 2012 - 2020.

5. The establishment of socio-professional organizations of notaries

a. During 2011 - 2015: To establish socio-professional organizations of notaries in several big provinces and cities and other provinces and centrally-run cities where notarization profession was developed.

During 2016 - 2020: To further expand socio-professional organizations of notaries in remaining provinces and centrally-run cities; to establish a national socio-professional organization of notaries, toward joining in the International Union of Notaries before 2015 aiming to promote the self-governance of the socio-professional organizations of notaries.

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

Implementation duration: 2012-2020.

IV. IMPLEMEN­TATION ORGANIZATION OF THE MASTER PLAN

In order to assure the effective and uniform implementation of the master plan on development of notary practising organizations till 2020 nationwide, Ministries and provincial- level People’s Committees shall perform well the specific tasks as follows:

1. The Ministry of Justice

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

b. To direct the provincial-level People’s Committees to review, make statistics of, arrange and evaluate the development of notary practising organizations in their localities in order to ensure development of local notary practising organizations proper with the approved master plan.

c. To assume the prime responsibility for and coordinate with the Ministry of Natural Resources and Environment and the provincial- level People’s Committees in formulating the “map” of planning notary practising organizations till 2020.

d. To assume the prime responsibility for and coordinate with the Ministry of Finance and the Ministry of Home Affairs in studying and proposing mechanisms and policies on equitization of public notary offices under a proper roadmap.

dd. 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 an inter-agency mechanism among notary practising organizations, house and land use right registration agencies and tax agencies under a proper roadmap.

e. To coordinate with the Ministry of Natural Resources and Environment in studying and building a common database system on real estate information in order to strengthen legal safety for real estate transactions under a proper roadmap.

g. To consider and decide on or report to the Prime Minister for consideration and decision on the adjustment of the planned number and development roadmap of notary practising organizations in conformity with socio-economic development of country and each locality through each period within its assigned scope.

h. To assume the prime responsibility for and coordinate with Ministries and the provincial- level People’s Committees in organizing a preliminary review of the implementation of the master plan at the end of the implementation roadmap in the 2011 - 2015 period and the final review after ending the implementation roadmap in the 2016 - 2020 period nationwide and report them 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 ensure the 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 public notary offices under a proper roadmap; to perform the tasks specified at Points d and dd clause 1 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 the provincial-level People’s Committees in establishing the socio-professional organizations of notaries; to perform the tasks specified at Points c, d and e, 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 system on real estate information in order to strengthen legal safety for real estate transactions; to perform the tasks specified at Points dd and e, 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. The 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 notary practising organizations and development roadmap which have been approved in this master plan. For provinces and centrally-run cities which develop the notary practising organizations not in conformity with this master plan, solutions and roadmaps for reorganization of notary practising organizations need to be formulated, ensure that development of notary practising organizations will be proper with the approved master plan.

b. To review and assess the implementation of the master plan in their localities. When necessary to adjust, supplement the master plans on development of notary practising organizations in their localities, the provincial People’s Committees shall send their proposals to the Ministry of Justice for consideration and decision of the Minister of Justice or reporting to the Prime Minister for consideration and decision.

c. To implement measures to develop notary practising organizations, attaching importance to the development of public notary offices according to the policy on socialization and in conformity with local socio-economic development situations.

d. To organize preliminary reviews of the implementation of the master plan in their localities after ending the implementation roadmap in the 2011 - 2015 period and final reviews of the implementation of the master plan after ending the implementation roadmap in 2016 - 2020 period.

dd. To review and assess the organization and operation situation of public notary offices in their localities and propose the equitization of eligible public notary offices under a proper roadmap.

e. To assure funds and other conditions for the implementation of the local master plans.

g. To implement the contents specified in Clauses 1, 2, 3, 4 and 5 of Part III, which are related to their 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 the provincial-level People’s Committees in organizing the implementation, preliminary and final reviewing implementation of “the master plan on the development of notary practising organizations till 2020”.

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

GENERAL ANNEX

REGARDING THE MASTER PLAN ON DEVELOPMENT OF THE NOTARY PRACTISING ORGANIZATIONS TILL 2020
(Promulgated together with the Decision No. 2104/QD-TTg of December 29, 2012, of the Prime Minister)

Notes:

- The development roadmap during 2011 - 2015 includes existing notary practising organizations.

- Notary practising organizations include public notary offices and private notary offices.

The remaining annexes are not translated into English herein.