Head of Nam Thanh Notary Office Le Ngoc Lan - Chairman of Thanh Hoa Province Notary Association advises people.
Many notable new points
It must be affirmed that notarization is not a mere business activity, but a judicial support profession. This activity is very important in contributing to ensuring the legal safety of civil transactions, protecting the rights and legitimate interests of individuals and organizations.
The 2024 Notarization Law clearly affirms that notarization is a public service that the State authorizes a notary of a notary organization to perform. Notarization is defined as the act of a notary certifying the authenticity and legality of a civil transaction in writing. Additional provisions are added to clearly define that notarization is the act of a notary notarizing a transaction. Thus, although a notary is assigned to perform some notarization tasks, if the notary does not notarize the transaction but only performs the notarization, it is still not considered a notary practice. These are new points to overcome the shortcomings in the provisions of the 2014 Notarization Law on the scope of notarization activities and the authority of notaries, facilitating the signing of transactions, and improving the effectiveness of State management of notarization.
The Law also amends the provisions on a number of prohibited acts, and adds a number of new prohibited acts for notaries, notary organizations, individuals and related organizations to improve the quality of the notary team, contribute to the development of a high-quality notary team and stable and sustainable notary organizations, and enhance the responsibility and awareness of individuals and organizations related to notarization. It adds provisions on transactions that must be notarized, but does not list transaction names but prescribes criteria for determining transactions that must be notarized. The Law assigns the Ministry of Justice the responsibility to review, update and post transactions that must be notarized and authenticated on the Ministry of Justice's Electronic Information Portal, helping people and businesses to easily identify transactions that must be notarized, increasing transparency in the process of law enforcement.
The law amends and supplements a number of regulations on notaries to improve input quality, improve quality and professionalism in notary activities, ensure operational efficiency and sustainable development of the notary team. Amends and supplements regulations on notary practice organization and notary practice to better ensure the rights and responsibilities of notaries. In particular, the law also adds 4 new articles from Article 62 to Article 65 regulating the most basic issues on electronic notarization to create a legal basis for digital transformation of notary activities.
Head of Nam Thanh Notary Office (Quang Xuong) Le Ngoc Lan - Chairman of the Provincial Notary Association, who has many years of experience working in this field, shared: The 2024 Notary Law has many notable new points. For example, the regulations on electronic notarization and taking photos of notaries witnessing the signing of notarized documents, the photos are a component of the notarized records, and can only be stored and used according to the legal regulations on storing notarized records to ensure legal safety for certified transactions... These are new contents that make many notaries still wonder about the detailed procedures in the implementation organization.
Dissemination and guidance for applying the law into practice
Thanh Hoa is a locality with a fairly active number of notary organizations and notaries. If in 2018 Thanh Hoa had 3 notary offices, 38 notary offices with a total of 76 notaries, now there are 59 notary organizations with 116 notaries. In 2024, notary organizations performed 200,667 jobs, an increase of 23,067 jobs compared to the same period in 2023, collecting notarization and certification fees of nearly 59.2 billion VND. Notarization of contracts, transactions on land, housing, real estate and other important assets accounts for a high proportion, contributing significantly to State management, avoiding loss of tax revenue, and limiting disputes.
Regarding the State management of notary activities, the Department of Justice has effectively implemented the Project to strengthen State management of notary activities in the province; coordinated with the Provincial Notary Association to train and foster notary skills; directed the timely and complete updating of notary records on the software for managing notary records and data. At the same time, strictly implemented regulations on inspection, examination and handling of violations in the field of notary.
Regarding professional self-management activities, the Provincial Notary Association has gone through 3 congresses, becoming a bridge between notaries and state agencies; a place to gather, unite, protect the legitimate rights and interests of notaries, and supervise members in complying with legal regulations on notarization.
Chairman of the Provincial Notary Association Le Ngoc Lan said that functional agencies and local authorities need to step up propaganda, dissemination and legaleducation so that people understand the provisions of the new law, the rights and obligations of organizations and individuals when performing transactions that need to be notarized. Improve the quality of the notary team and seriously carry out the work of inspecting and supervising the implementation and application of the law in practice. Competent agencies and organizations need to coordinate closely, speed up the connection and sharing of information to effectively implement the contents on electronic notarization or exploit and use information from databases according to the provisions of law.
For the Provincial Notary Association, promoting the role of self-management in the field of notarization, regularly training, exchanging, and providing professional guidance to improve knowledge and professional skills for the notary force, promoting the sense of responsibility in serving citizens. In mid-June 2025, the Provincial Notary Association will coordinate with competent agencies to organize professional training for notaries on new points of the 2024 Notarization Law, contributing to equipping skills and professional implementation methods so that new regulations are applied in accordance with the provisions of law, contributing to making notarization activities increasingly more professional and effective.
Article and photos: Viet Huong
Source: https://baothanhhoa.vn/de-luat-cong-chung-nam-2024-di-vao-cuoc-song-251762.htm
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