Directive No. 1106/CT-CC on implementing Resolution No. 38/CP of the Government regarding administrative reform in notarization services for citizens and organizations.

DIRECTIVEOF THE MINISTER OF JUSTICE

Regarding the implementation of Resolution No. 38/CP of the Government on reforming administrative procedures in handling citizens' and organizations' affairs in the notarization sector

in the process of resolving citizens' and organizations' matters in the field of notarization

On May 4, 1994, the Government issued Resolution No. 38/CP "On Reforming Administrative Procedures in Handling Citizens' and Organizations' Matters," in which the notarization sector was also considered one of the key areas that needed to be reviewed regarding administrative procedures and fees.

Implementing Decree No. 45/HĐBT dated February 27, 1991 of the Council of Ministers (now the Government) on the organization and operation of state notarization, with the guidance of various levels of authority, the notarization work has achieved initial important results, meeting part of the notarization requirements of citizens and organizations. However, generally speaking, the notarization work still falls short in many aspects to keep up with the economic and social development needs. In some localities, while handling notarization requests from citizens and organizations, people have had to wait for long periods without clear explanations for refusing notarization, and the procedures for each notarization matter and the fee rates have not been publicly posted. Some cases of certification have not ensured authenticity as required by law, which has raised public concern and demands for resolution.

To implement Resolution No. 38/CP of the Government in the field of notarization, following Directive No. 984/PLHSHC, the Ministry of Justice requests the Directors of Provincial Departments of Justice and Heads of State Notary Offices in centrally governed cities to carry out the following tasks:

1. Consolidating and improving the organization of notarization:

The Director of the Department of Justice shall report to the People's Committee of the province or centrally governed city to promptly take measures to improve the notary office at the local level, ensuring rapid, timely, convenient, and lawful service of notarization requests from citizens and organizations, specifically:

- For provinces and centrally governed cities with a large volume of notarization work and sufficient necessary conditions, especially in areas with wide territories and dense populations such as Hanoi, Ho Chi Minh City, Hai Phong, Quang Nam-Da Nang, etc., it is necessary to immediately proceed with establishing additional state notary offices;

- For existing state notary offices in the locality that do not have enough notaries to ensure timely notarization, the Head of the State Notary Office shall propose to the Director of the Department of Justice about appointing notaries. The appointment procedure will be carried out according to Circular No. 276 – TT/CC dated April 20, 1991 of the Ministry of Justice guiding the organization and management of state notarization;

For state notary offices without a Head or Deputy Head, the Director of the Department of Justice needs to select among the notaries to go through the appointment procedures;

- The Director of the Department of Justice has the responsibility to assist the People's Committee of the province or centrally governed city in managing the business of State Notary Offices;

- Rectify the organization of notarization work at the People's Committee of the district; provide professional guidance to those assigned to perform notarization by the People's Committee of the district;

- The Director of the Department of Justice must strengthen assistance to the People's Committee of the province or centrally governed city to regularly conduct inspections of the activities of State Notary Offices and People's Committees of districts assigned to perform notarization;

- Propose to the People's Committee of the province or centrally governed city to pay attention and create favorable conditions in terms of infrastructure to ensure good service for notarization work in the locality;

2. Reforming working methods:

- All types of files, documents that have been notarized and notarization books must be stored and preserved properly and permanently at the State Notary Office where the notarization request was handled;

- At the headquarters of the State Notary Office or the location where files and papers are received for notarization by the People's Committee of the district, the working hours for notarization must be publicly displayed, and chairs must be arranged appropriately to avoid disorderly sitting arrangements;

- Notarization matters that have complete files and procedures must be resolved promptly and in accordance with the law, without delay under any pretext; notarization matters that cannot be completed on the same day must be given a scheduled time for resolution; avoid having citizens queue for hours or days just to get their turn for certification;

- For notarization requests from citizens and organizations where the procedures and documents are incomplete or the notaries and those assigned to perform notarization by the People's Committee of the district refuse to notarize, specific explanations and guidance must be provided along with the reasons so that citizens and representatives of organizations do not need to make multiple trips, wasting time, effort, and money;

- Notary officials and members of the People's Committee of the district assigned to perform notarization, as well as judicial officers specializing in notarization support, when interacting, receiving files, and fulfilling notarization requests from citizens and organizations must maintain a courteous, respectful attitude towards the people;

- Notaries must wear notary identification cards while performing their duties.

3. Regarding notarization fees:

At the headquarters of the State Notary Office and the location where files and papers requesting notarization are received by the People's Committee of the district, the notarization fee rates prescribed in Joint Circular No. 84-TT/LB dated December 18, 1992 of the Ministry of Finance and the Ministry of Justice "Regulating the Collection of Notarization Fees" must be publicly displayed so that parties can be informed and comply. Localities may not arbitrarily impose additional fees contrary to the provisions of the aforementioned Joint Circulars.

Request the Comrades Directors of the Department of Justice and Heads of State Notary Departments to report to the Ministry before September 15, 1994, and provide the results of implementing this Directive, while clearly stating the procedures and processes for notarization, unreasonable notary fee collection levels that are obstacles to the operations of other agencies and units, causing inconvenience to the people and requiring revision, supplementation, or abolition to be appropriate./.