Chỉ thị 01/2001/CT-TTg

DIRECTIVE

ON THE ENFORCEMENT OF THE GOVERNMENT�S DECREE ON NOTARIZATION AND AUTHENTICATION

On December 8, 2000, the Government promulgated Decree No.75/2000/ND-CP on notarization and authentication, which takes effect as from April 1, 2001 in replacement of Decree No.31/CP of May 18, 1996 on the organization and operation of the State Notary Public. In order to organize the strict implementation of this Decree, the Prime Minister gives the following instructions:

I. TO ORGANIZE THE REVISION OF THE CURRENT LEGAL DOCUMENTS RELEVANT TO NOTARIZATION AND AUTHENTICATION; AND TO PROMULGATE DOCUMENTS GUIDING THE IMPLEMENTATION OF THE DECREE ON NOTARIZATION AND AUTHENTICATION

1. The ministries, the ministerial-level agencies, the agencies attached to the Government and the Peoples Committees of the provinces and centrally-run cities shall have to revise the current legal documents respectively promulgated by themselves and complete the amendment, supplement or annulment of the relevant documents which are no longer consistent with the new Decree on notarization and authentication; then report the results thereof to the Justice Ministry before March 31, 2001.

Particularly for the duplication of papers, the Justice Ministry shall coordinate with the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs and the Government Commission for Organization and Personnel in revising and annulling regulations on compulsory inclusion of copies of papers notarized by the notary public offices in the dossiers for student enrollment, labor recruitment, appointment, entitlement of preferential policies...; the Ministry of Education and Training shall have to guide schools and educational and training establishments throughout the country in issuing copies of diplomas, certificates and other papers on the basis of original records kept by themselves, in order to reduce the workload of notary public and authentication bodies. When bodies and organizations, upon receiving papers, deem it necessary to compare copies with their originals, they shall have to request and compare such copies with the originals by themselves.

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

- The Justice Ministry shall promulgate a Circular to guide the implementation of the Decree on notarization and authentication; guide the unified use of notary public books and authentication books, set out forms of common contracts and transactions as well as formal notary inscriptions, and guide the use thereof;

- The Finance Ministry shall coordinate with the Justice Ministry in promulgating a joint circular on notary and authentication fees and other fees according to the provisions of Article 16 of the Decree on notarization and authentication;

- The Government Commission for Organization and Personnel shall coordinate with the Justice Ministry, the Finance Ministry and the Ministry of Labor, War Invalids and Social Affairs in studying the amendments and/or supplements to the regulations related to the wage regime for the notaries in the Governments Decree No.25/CP of May 23, 1993 on provisional regulation on new wage regime for public servants, administrative and public-service employees and armed forces servicemen, then submitting them to the Government for consideration and promulgation.

II. TO STRENGTHEN THE ORGANIZATION AND ENSURE THE ADEQUATE PERSONNEL AND MATERIAL FACILITIES FOR THE NOTARIZATION AND AUTHENTICATION ACTIVITIES

1. The Peoples Committees of the provinces and centrally-run cities shall revise the organization, pay-roll, working offices and means and material facilities of the existing notary public offices in their respective localities. Within 1 year from the effective date of the Decree on notarization and authentication, they shall have to complete the strengthening and reorganization and ensure that all notary public offices are up to the standards and meet all the conditions prescribed in Article 26 of the Decree on notarization and authentication. Where the existing notary public offices are incapable of satisfying the notarization and authentication demands, the concerned People�s Committees of the provinces and centrally-run cities shall set up more notary public offices in order to facilitate the performance of notarization requirements of individuals, enterprises and organizations in their respective localities. The division of regional competence among the notary public offices according to the provisions in Clause 1, Article 23 of the Decree on notarization and authentication must be completed before March 31, 2001.

The Justice Ministry shall coordinate with the Ministry of Planning and Investment and the Finance Ministry in preparing the plan on continued execution of the project for computerization of notarization activities of the notary public offices which have not yet computerized their notarization activities, throughout the country, then submitting it to the Prime Minister for consideration and decision.

2. The Peoples Committees of the provinces and centrally-run cities shall have to direct the Peoples Committees of rural districts, urban districts, provincial capitals, provincial towns in disposing judicial officials of the law bachelor level to carry out on the full-time basis the authentication work at the district level, and at the same time make stable appointment of personnel who are qualified according to the provisions of the Governments Decrees No.09/1998/ND-CP of January 23, 1998 and Decree No.83/1998/ND-CP of October 10, 1998, to assist the Peoples Committees of communes, wards and district townships in authentication activities. The registration of signatures at the provincial/municipal Justice Services by the authentication performers according to the provisions of Clause 2, Article 22 and Clause 2, Article 24, of the Decree on notarization and authentication must be completed before March 31, 2001. The Peoples Committees of the provinces and centrally-run cities shall have to furnish material facilities and means necessary for authentication activities of the Peoples Committees of rural districts, urban districts, provincial capitals, provincial towns, communes, wards and district townships.

3. Under the Justice Ministrys guidance, the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to rectify the notarization and authentication activities in their respective localities, thus avoiding the state of congestion and overload in notarization and authentication activities. Notarization and authentication performers must show their sense of responsibility in their work, must not cause troubles to and harass individuals, enterprises and organizations that request notarization and authentication. The presidents of the Peoples Committees of rural districts, urban districts, provincial capitals and provincial towns and the presidents of the Peoples Committees of communes, wards and district townships shall be responsible for the quality and arrangement of authentication activities in their respective localities.

III. TO PREPARE THE PLAN FOR EXPERIMENTAL APPLICATION OF THE SELF-FINANCING REGIME TO ACTIVITIES OF A NUMBER OF NOTARY PUBLIC OFFICES

The Justice Ministry shall coordinate with the Government Commission for Organization and Personnel in conducting surveys, study and elaboration of the plan for experimental application of the self-financing regime to activities of a number of notary public offices, then submitting it to the Prime Minister for consideration and decision in the fourth quarter of 2001.

The Justice Ministry shall have to monitor, urge and inspect the implementation of this Directive and report it to the Prime Minister before April 15, 2001.

This Directive takes effect after its signing. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Directive.