At the session, representatives of the Task Force on Reducing Administrative Procedures (Ministry of Justice) in the field of notarization, authentication, and civil status reported the results of the review and proposed the transactions that require notarization and authentication (NA). The Task Force proposed that 14 types of transactions continue to be required for NA. These include: deeds of donation of real estate (RE), which must be made in documents with NA or registered if the RE must be registered for ownership under the law; contracts for the sale or lease-purchase of houses, construction works, or parts of the floor area in construction works where the parties involved are individuals; contracts for transfer, donation, mortgage, or capital contribution using land-use rights (LUR), rights to use LUR, and assets attached to land, except for contracts for leasing or subleasing LUR, rights to use LUR and assets attached to land, or contracts converting agricultural LUR; documents concerning inheritance of LUR, rights to use LUR, and assets attached to land according to civil law; and agreements establishing the property regime of spouses before marriage…
According to the Task Force, the above types of transactions meet the criteria for transactions requiring NA. Notarization and authentication of these transactions is significant and consistent with international practices.
The Task Force has reviewed and proposed changing eight types of transactions currently required for notarization and authentication (NA) to voluntary NA, upon request, including: documents authorizing representation in appealing court judgments or decisions in civil cases; papers regarding the sale, donation, exchange, or inheritance of houses for transactions conducted before July 1, 2006; agreements on surrogacy; contracts for leasing private enterprises; documents authorizing representation in appealing first-instance court judgments or decisions in administrative cases; authorizations from individuals named in house lease contracts who have left the country for other members to purchase houses in the dossiers requesting the sale of old houses that are public assets; documents authorizing the exercise of complaint rights; and contracts for the transfer of Notary Office premises.
According to the Task Force, in the course of executing these transactions, mechanisms have already existed for the parties to take responsibility for the authenticity and legality of the contracts, or mechanisms exist for State agencies to verify and control the legal validity and lawfulness of documents and transactions. Therefore, to implement the policy of simplifying procedures, enhancing digital transformation, and establishing electronic databases, the Task Force proposed amending these provisions so that the parties may choose to have the transactions notarized and authenticated voluntarily, upon request.
At the working session, representatives of the Supreme People’s Court (SPC) suggested considering the proposal to change the regulation on “documents authorizing representation in appealing court judgments or decisions in civil cases and documents authorizing representation in appealing first-instance court judgments or decisions in administrative cases” from mandatory notarization and authentication (NA) to voluntary NA, upon request.
According to the SPC representatives, the Civil Procedure Code and the Law on Administrative Procedures currently require NA for these two types of documents. In the future, if any issues arise, the SPC will propose amendments and supplements to the Civil Procedure Code and the Law on Administrative Procedures. At present, the agency recommends maintaining the current legal provisions.
Representatives of the Government Inspectorate also recommended keeping the regulation that “documents authorizing the exercise of complaint rights” require NA. This is to ensure authenticity and to verify the correct party exercising the complaint.
Similarly, representatives of the Department of Civil and Economic Law, Ministry of Justice, suggested carefully considering the proposal to change the regulation on “agreements on surrogacy” from mandatory NA to voluntary NA, upon request. This is because such transactions are very important and require a high level of legal security. In practice, surrogacy in recent years has been quite complex, with many distortions and commercialization; therefore, strict control is necessary.
Concluding the working session, Deputy Minister Phan Chi Hieu expressed his gratitude for the very thoughtful and responsible contributions; he agreed with the proposals of the Task Force and emphasized the need for a thorough review to determine which transactions and contracts are not required to undergo notarization and authentication (NA), so that they can be shifted to a voluntary NA mechanism, thereby removing difficulties for citizens and businesses and minimizing costs.
Based on the opinions of the delegates, the Deputy Minister requested the Department of Judicial Assistance to continue carefully reviewing the list of eight types of transactions proposed to be changed from mandatory NA to voluntary NA, upon request. According to the Deputy Minister, the regulation requiring “papers regarding the sale, donation, exchange, or inheritance of houses for transactions conducted before July 1, 2006” to undergo NA could be removed from the review list; further review should also include transactions related to social housing to ensure accuracy.
In addition, it is necessary to supplement solid arguments for the transactions proposed to remove from mandatory NA. When proposing the removal of mandatory NA, alternative measures should be included; for instance, the legality of simple transactions could be verified through database systems…
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