Decision No. 2104/QD-TTg dated December 29, 2012 of the Government Prime Minister approves the "Master Plan for the Development of Notary Practice Organizations until 2020"

Pursuant to …;

Approving the "Master Plan for the Development of Notary Organizations until 2020"

PRIME MINISTER

Based on the Law on the Organization of the Government dated December 25, 2001;

Pursuant to the Law on Notaries No. 82/2006/QH11 dated November 29, 2006;

Considering the proposal of the Minister of Justice,

DECISION:

Article 1. Approving the "Master Plan for the Development of Notary Organizations until 2020" with the main contents as follows:

I. VIEWS AND OBJECTIVES OF THE MASTER PLAN

1. Views on the master plan

a) The master plan for the development of notary organizations is built based on closely following the Strategy for Socio-Economic Development from 2011 to 2020; it is suitable for the socio-economic development situation of each locality, aiming to proactively meet the increasing notarization demands of individuals and organizations.

b) Recognizing notarization as a special public service, notaries are appointed and authorized by the State to certify the legality and authenticity of contracts and transactions, thereby creating legal guarantees to protect the legitimate rights and interests of individuals and organizations in accordance with the Constitution and laws, preventing risks and disputes. The organization and operation of notarization must be highly stable and sustainable, requiring strict management, guidance, and regulation by the State within a national comprehensive development plan and implemented according to the plan at each locality, ensuring that the socialization of notarization activities proceeds appropriately, in accordance with the plan and specific timeline.

2. Objectives of the master plan

a) By 2020, develop a wide-ranging and reasonably distributed network of notary organizations throughout the country, meeting all notarization needs of contracts and transactions of individuals and organizations in society, enhancing the legal safety of contracts and transactions, ensuring that all contracts and transactions related to or potentially related to the transfer of ownership or right to use immovable property are notarized.

b) Develop notarization activities towards public services, professionalization, and socialization, integrating Vietnamese notarization activities with regional and global practices in line with international norms.

II. CONTENTS OF THE MASTER PLAN AND IMPLEMENTATION TIMELINE

1. By 2020, the total number of planned development of notary organizations across the country will be approximately 1,700, mainly focusing on developing Notary Offices, consolidating existing Notary Departments, calculating the privatization process for Notary Departments meeting the conditions, and converting Notary Departments into Notary Offices. Only Notary Departments will be established in areas still facing difficulties and lacking conditions for the socialization of notarization to reduce burdens on personnel and state budget.

The implementation timeline of the master plan is divided into two stages:

Stage 2011-2015: Plan to develop approximately 1,000 notary organizations.

Stage 2016-2020: Plan to develop approximately 700 notary organizations.

The content of the master plan's orientation for the development and implementation timeline of notary organizations until 2020 for each province and centrally governed city is attached as an appendix.

2. The planning for the development of notary organizations in provinces and centrally governed cities must comply with the approved master plan. Depending on the socio-economic development situation of the locality, the number of notary organizations can be adjusted, but the adjustment ratio shall not exceed 5% of the total number of notary organizations planned in the province or centrally governed city already approved.

In case the adjustment of the number of notary organizations is lower than or equal to 5% of the total number of notary organizations already approved and differs from the detailed planning content already approved, the People's Committee of the province or centrally governed city shall send the Ministry of Justice a proposal for adjusting the planning for the Minister of Justice to consider and decide.

In case the adjustment of the number of notary organizations exceeds 5% of the total number of notary organizations already approved, the People's Committee of the province or centrally governed city shall send the Ministry of Justice a proposal for adjusting the planning for the Ministry of Justice to report to the Prime Minister for consideration and decision.

3. For newly established district-level administrative units, the supplementary planning for notary organizations on this territory shall be a maximum of two, and in cases where the new district has a large area, a large population, and a high demand for notarization, making it inconvenient for the people to access notarization services, the People's Committee of the province or centrally governed city shall send the Ministry of Justice a proposal for supplementary planning for notary organizations for the Minister of Justice to consider and decide.

4. The adjustments to the development planning of notary organizations mentioned in Clause 2 and Clause 3 of this Part must be consistent with Decision No. 240/QĐ-TTg dated February 17, 2012 of the Prime Minister.

III. IMPLEMENTATION SOLUTIONS FOR THE PLAN

1. Enhancing awareness among all levels, sectors, organizations, individuals involved, and the entire society about the position and role of notarization activities

Organize the dissemination of understanding among all levels and sectors regarding the nature, role, and significance of notarization activities for judicial reform, socio-economic stability and development; enhance the sense of responsibility of all levels and sectors for notarization work; at the same time, widely promote the position and role of notarization in society so that notarization becomes a voluntary need of the people.

Implementation period: 2012-2020.

2. Improving the legal framework and policies on notarization

Study amendments and supplements to the Law on Notaries and related documents towards strengthening state management, the role of professional associations, implementing a mechanism for information exchange, provision, and sharing between land registration offices, tax authorities, and notary organizations concerning real estate to create a complete, unified, coherent, and feasible legal basis for notarization activities and facilitate the people.

Study the construction of a "map" of the master plan for notary organizations until 2020.

Study the construction of a proposal for the privatization of Notary Departments according to a suitable timeline.

Implementation period: 2012-2020.

3. Enhancing the effectiveness of state management over notarization activities

a) Study, propose to build mechanisms for innovation in state management activities related to notarization towards ensuring comprehensive, effective, and substantive state management, addressing current limitations and inefficiencies in state management of notarization; strengthen the self-management role of professional organizations of notaries.

b) Direct and guide localities in developing programs and plans for regular and spot inspections and audits of notary organizations and activities to promptly identify and address violations in notarization activities; intensify guidance on professional practices, inspections, and audits in the field of notarization; implement exchanges and sharing of specialized knowledge, experience in professional skills in notarization activities.

c) Continue to direct the transfer of certification of contracts and transactions from People's Committees at district and commune levels to notary organizations in districts where such organizations can undertake certification tasks within their jurisdiction according to Decree No. 88/2009/NĐ-CP dated October 19, 2009 of the Government on issuing certificates of land use rights, ownership rights to houses and other assets attached to land. Aim to fully transfer all contracts and transactions currently certified by district and commune-level People's Committees that relate or may relate to the transfer of real estate ownership and usage rights to notary organizations to better protect the legitimate rights and interests of organizations and individuals, ensure legal safety for transactions, and contribute to strengthening social management through law and socialist rule of law.

d) Develop a proposal for a shared database on real estate notarization information, promote the policy of computerizing notarization.

đ) Strengthen cooperation between notary organizations and real estate registration agencies; tax authorities, laying the groundwork for a联动翻译剩余部分：smooth mechanism for handling administrative procedures related to real estate transactions.

e) Enhance international cooperation in notarization, seek support from countries and international organizations for notarization activities.

Implementation period: 2012-2020.

4. Attract resources to participate in notary practice activities; improve the quantity and quality of the notary practitioner workforce.

a) Establish mechanisms and policies to attract resources to participate in notary practice activities, focusing on those who have been trained as law graduates abroad to increase the number and quality of notary practitioners, enhance large-scale notary organizations with high professionalism; plan the development of the notary practitioner workforce by 2020 in conjunction with the overall planning for the development of notary organizations by 2020.

b) Develop a national standard training program for notary practice oriented towards advanced training programs of countries in the region and around the world.

Improve the content, curriculum, and methods of notary practice training, focusing on professional skills and practical experience; combine theoretical teaching with practical training at notary organizations.

Strengthen the cultivation of moral qualities, new legal knowledge, notary practice skills, and professional ethics for notary practitioners; organize periodic examinations for appointed notary practitioners; strengthen inspection, supervision, and violation handling for notary practitioners. Increase the quantity, quality, and professional ethics of notary practitioners. Build a team of notary practitioners skilled in professional practice, politically steadfast, and morally clean. Improve the quality and reputation of notary activities so that notarization becomes a voluntary need of the people.

Implementation period: 2012-2020.

5. Establish a professional organization for notary practitioners.

a) 2011-2015: Establish a professional organization for notary practitioners in some major provinces and centrally-administered municipalities with developed notary professions.

2016-2020: Continue to expand professional organizations for notary practitioners in remaining centrally-administered municipalities; establish a national professional organization for notary practitioners, aiming to join the International Notary Association before 2015, to fully leverage the self-management role of notary practitioner professional organizations.

b) Enact mechanisms and policies to maximize the self-management role of professional organizations for notary practitioners in implementing functions, tasks, and powers regarding training, enhancement, and exchange of experiences in management and professional ethics as stipulated by law on associations, based on combining with state management.

Implementation period: 2012-2020.

IV. IMPLEMENTATION OF THE PLAN

To ensure effective and consistent implementation of the Comprehensive Plan for the Development of Notary Practice Organizations until 2020 nationwide, relevant ministries, provincial and municipal people's committees under central administration shall perform the following specific tasks:

1. Ministry of Justice

a) Take the lead and coordinate with ministries, ministerial-level agencies, and provincial and municipal people's committees under central administration to announce and effectively implement this Plan.

b) Direct provincial and municipal people's committees under central administration to review, tally, arrange, and assess the development situation of notary practice organizations in their respective areas to ensure the development of notary practice organizations in accordance with the approved Plan.

c) Take the lead and coordinate with the Ministry of Natural Resources and Environment and provincial and municipal people's committees under central administration to develop a "map" of the Plan for notary practice organizations until 2020.

d) Take the lead and coordinate with the Ministry of Finance and the Ministry of Home Affairs to study and propose mechanisms and policies for the shareholding reform of Notary Offices according to appropriate timelines.

đ) Take the lead and coordinate with the Ministry of Natural Resources and Environment and the Ministry of Finance to study and develop mechanisms for seamless integration between notary practice organizations and real estate registration agencies and tax authorities according to appropriate timelines.

e) Cooperate with the Ministry of Natural Resources and Environment to study and build a common real estate information database system to enhance legal security for real estate transactions according to an appropriate timeline.

g) Examine and decide, or report to the Prime Minister for examination and decision on adjustments to the planning quantity and development timeline of notary organizations to be consistent with the country's socio-economic development situation at each stage within the assigned scope.

h) Take the lead and cooperate with relevant ministries, provincial people's committees under the central government to organize mid-term reviews of the implementation of the Master Plan after its completion during the 2011-2015 period, and final reviews after its completion during the 2016-2020 period nationwide, and report to the Prime Minister.

i) Implement the contents stipulated in Clauses 1, 2, 3, 4, and 5 of Part III related to the functions and tasks of their ministry.

2. Ministry of Finance

a) Ensure annual budget allocation for the implementation of the overall master plan in accordance with the State Budget Law.

b) Cooperate with the Ministry of Justice to study and propose mechanisms and policies for the shareholding reform of Notary Offices according to an appropriate timeline; implement the tasks stipulated in Points d and đ of Clause 1 of this Part.

c) Implement the contents stipulated in Clauses 1, 2, 3, 4, and 5 of Part III related to the functions and tasks of their ministry.

3. Ministry of Home Affairs

a) Cooperate with the Ministry of Justice to guide provincial people's committees under the central government in establishing social-professional organizations for notaries; implement the tasks stipulated in Points c, d, and e of Clause 1 of this Part.

b) Implement the contents stipulated in Clauses 1, 2, 3, 4, and 5 of Part III related to the functions and tasks of their ministry.

Study and guide localities to establish specific conditions for investing in and constructing inland waterway transportation infrastructure, new and repaired inland waterway vessels outside the area, to ensure effective operation during the rainy season.

a) Take the lead and cooperate with the Ministry of Justice to study and build a common real estate information database system to enhance legal security for real estate transactions; implement the tasks stipulated in Points đ and e of Clause 1 of this Part.

b) Implement the contents stipulated in Clauses 1, 2, 3, 4, and 5 of Part III related to the functions and tasks of their ministry.

5. Provincial People's Committees under the Central Government

a) Develop plans to implement the overall master plan at their localities in accordance with the viewpoints, objectives, number of notary organizations, and development timelines approved in this master plan. For provinces and centrally-administered cities that have not developed notary organizations in line with this master plan, they need to develop solutions and timelines to reorganize notary organizations to ensure the development of notary organizations at their localities in accordance with the approved master plan.

b) Review and evaluate the implementation of the master plan at their localities. In cases where it is necessary to adjust and supplement the development planning of notary organizations in their localities, the People's Committee shall submit proposals to the Ministry of Justice for the Minister of Justice to examine and decide, or report to the Prime Minister for examination and decision.

c) Implement measures to develop notary organizations, focusing on developing Notary Offices in line with the policy of socialization suitable to the socio-economic development situation of their localities.

d) Organize mid-term reviews of the implementation of the master plan at their localities after the completion of the implementation timeline during the 2011-2015 period, and final reviews after the completion of the implementation timeline during the 2016-2020 period.

đ) Review and assess the organizational structure and operation of Notary Offices in their localities, and propose shareholding reforms for Notary Offices meeting the conditions according to an appropriate timeline.

e) Ensure financial and other conditions for the implementation of the master plan at their localities.

g) Implement the contents stipulated in Clauses 1, 2, 3, 4, and 5 of Part III related to the functions and tasks of their localities.

Article 2. This Decision takes effect from the date of issuance.

Article 3. The Ministry of Justice shall take the lead and cooperate with relevant ministries, sectors, provincial people's committees under the central government to organize the implementation, mid-term reviews, and final reviews of the "Overall Master Plan for the Development of Notary Organizations until 2020".

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial people's committees, and chairmen of municipal people's committees directly under the central government are responsible for implementing this Decision./