Directive No. 01/2001/CT-TTg on implementing the Government's Decree on notarization and authentication

DIRECTIVE

Regarding the implementation of the Government's Decree on

notarization and certification

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On December 8, 2000, the Government issued Decree No. 75/2000/NĐ-CP on notarization and certification which took effect from April 1, 2001 to replace Decree No. 31/CP dated May 18, 1996 on the organization and operation of State Notarization. To strictly implement this Decree, the Prime Minister issues the following directive:

I. Organizing the review of current regulatory legal documents related to notarization and certification; issuing guiding documents for the implementation of the Decree on notarization and certification.

1. Ministries, ministerial-level agencies, agencies under the Government, and provincial people's committees must conduct a review of current regulatory legal documents issued by their respective ministries, sectors, and localities, and complete the amendment, supplementation, or abolition of relevant documents that are no longer in line with the new Decree on notarization and certification; report the results to the Ministry of Justice before March 31, 2001.

Specifically regarding the issuance of certified copies, the Ministry of Justice will coordinate with the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, and the Civil Service Committee of the Government to review and abolish provisions requiring citizens to submit certified copies certified by Notary Public Offices in enrollment, recruitment, appointment, labor hiring, policy resolution, etc.; the Ministry of Education and Training shall be responsible for guiding schools and educational institutions nationwide on issuing certified copies of diplomas, certificates, and other documents from original records, without burdening notary public offices; when organizations and entities receive documents and find it necessary to have the original for comparison, they must compare the copy with the original themselves.

2. From now until the end of the first quarter of 2001:

- The Ministry of Justice will issue Circulars guiding the implementation of the Decree on notarization and certification; guiding the uniform use of notarization and certification registers, and providing regulations and guidance on the use of standard contract and transaction templates and content of statements;

- The Ministry of Finance will coordinate with the Ministry of Justice to issue Joint Circulars on fees for notarization and certification and other costs as stipulated in Article 16 of the Decree on notarization and certification;

- The Civil Service Committee of the Government will coordinate with the Ministry of Justice, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs to study and amend relevant provisions concerning salary systems for notaries under Decree No. 25/CP dated May 23, 1993 of the Government temporarily regulating new salary systems for civil servants, administrative officials, and members of the armed forces, and submit to the Government for consideration and promulgation.

II. Strengthening organizational structure, ensuring personnel and material conditions for notarization and certification activities.

1. Provincial People's Committees must review the organizational structure, staffing, office premises, working equipment, and material conditions of existing Notary Public Offices in their localities. Within one year from the effective date of the Decree on notarization and certification, they must complete the reinforcement and reorganization to ensure that Notary Public Offices meet the standards and conditions specified in Article 26 of the Decree on notarization and certification; where there is still a shortage compared to the demand, the provincial people's committees must establish additional Notary Public Offices to facilitate the notarization requirements of individuals, businesses, and organizations in their localities. The division of jurisdiction among Notary Public Offices as stipulated in Clause 1 of Article 23 of the Decree on notarization and certification must be completed by March 31, 2001.

The Ministry of Justice will coordinate with the Ministry of Planning and Investment and the Ministry of Finance to prepare a plan to continue implementing the informatization project for notarization in the remaining Notary Public Offices nationwide, and submit to the Prime Minister for consideration and decision.

2. Provincial People's Committees are responsible for directing district, city district, town, and provincial city people's committees to arrange specialized legal officers with bachelor's degrees in Law to handle certification work at the district level, while also arranging stable personnel meeting the criteria stipulated in Decree No. 09/1998/NĐ-CP dated January 23, 1998 and Decree No. 83/1998/NĐ-CP dated October 10, 1998 to assist village, ward, and town people's committees in certification work; the registration of signatures at the Department of Justice as required by Clause 2 of Article 22 and Clause 2 of Article 24 of the Decree on notarization and certification must be completed by March 31, 2001. Provincial People's Committees are responsible for ensuring material and equipment conditions for certification activities of district, city district, town, and provincial city people's committees and village, ward, and town people's committees.

3. Following the guidance of the Ministry of Justice, Chairpersons of provincial and centrally-administered city people's committees are responsible for rectifying notarization and certification activities in their localities, preventing congestion and overload in notarization and certification activities. Those performing notarization and certification must demonstrate high responsibility in their work, avoiding causing inconvenience or harassment to individuals, businesses, and organizations seeking notarization and certification. Chairpersons of district, city district, town, and provincial city people's committees and village, ward, and town people's committees are responsible for the quality and conduct of certification activities in their localities.

III. Preparing a Plan to Pilot the Transition of Some Notary Public Offices to a Self-Financing System.

The Ministry of Justice will coordinate with the Civil Service Committee of the Government, the Ministry of Finance, and the Ministry of Planning and Investment to conduct surveys, research, and prepare a Plan to pilot the transition of some Notary Public Offices to a self-financing system, to be submitted to the Prime Minister for consideration and decision in the fourth quarter of 2001.

The Ministry of Justice is responsible for monitoring, urging, and inspecting the implementation of this Directive and reporting to the Prime Minister before April 15, 2001.

This Directive shall take effect from the date of signature. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial people's committees under central cities are responsible for implementing this Directive./.