Supervising the operations of the Notary Office in Dien Chau

(Baonghean.vn) - On the morning of September 17th,in Dien Chau district,The supervisory delegation of the Legal Affairs Committee of the Provincial People's Council held a working session to monitor the operation of Notary Office No. 2 of the province.

Supervising public service activities at Notary Office No. 2.

Notary Office No. 2 was established and began operations in 2003. Its operation has helped alleviate the workload for public service units handling documents and petitions at the commune and district levels in the region. Since officially commencing operations, the office has strictly adhered to legal regulations regarding the notarization of contracts, transactions, and translations: It has diligently implemented the Notarial Law, other relevant laws and codes, and related documents.

During the notarization process, the staff of Notary Office No. 2 ensured that citizens did not have to wait long. The public posting of notarization procedures and fees was carried out fully and clearly, making it convenient for individuals and organizations to follow the procedures.

Review the documents in the archives.

However, currently, notary offices still lack database software to access and provide data on contracts and transactions related to real estate. Notaries still perform these tasks manually through confirmation channels at the ward, commune, and town levels, and rely on databases to prevent fraud.

A general overview of the working session.

During the process of notarizing documents, notary offices still face difficulties in certifying some documents related to land, such as land use right certificates, house ownership certificates, and certificates of ownership of assets on the land that have not yet been registered. Therefore, during the notarization process, the notarization of transaction contracts often leaves out the details of assets attached to the land, increasing the potential for disputes and risks.

Ms. Thai Thi An Chung, Deputy Head of the Legal Affairs Committee of the Provincial People's Council, suggested that Notary Office No. 2 should clearly state the difficulties encountered in the process of notarizing procedures and documents.

During the inspection, the delegation members investigated several issues related to gathering information to determine the legal status of contract parties in the area and the practical difficulties of this work. They also examined the solutions implemented by the unit to overcome difficulties in correctly identifying household members with rights to property at the time of contract and transaction execution. They also inquired about the instances where citizens were denied notarization services upon visiting the office. The issue of providing notarization services outside of regular business hours was also a concern for the delegation members.

Mr. Bui Thai Tho, Head of Notary Office No. 2, provided more detailed information about the operational situation and the difficulties encountered in performing his duties.

Mr. Tran Nhat Minh, Deputy Chief of the Office of the People's Council and National Assembly Deputies, gave his opinion on the issue of providing notarization services outside of working hours.

Through the monitoring session, officials from Notary Office No. 2 also suggested that relevant agencies involved in registering ownership rights of land-attached assets should strengthen propaganda, guidance, and create favorable conditions for people in registering property ownership rights, so that notarization can be carried out more smoothly, avoiding disputes and risks in the performance of duties.

Continuing the monitoring of notary offices located in Dien Chau district, on the afternoon of September 17th, the Monitoring Team, comprising the Legal Affairs Committee of the People's Council and the National Assembly Delegation, in coordination with the Department of Justice, held a working session to monitor the operations of Phu Dien Notary Office in Dien Chau district.

The inspection team worked at the Phu Dien Notary Office.

The Phu Dien Notary Office was established in 2011 to alleviate the workload of Notary Office No. 2I in the area. Since officially commencing operations, the Phu Dien Notary Office has consistently updated its knowledge of relevant legal regulations regarding notarization and authentication, ensuring compliance with the law. The office maintains a systematic approach to document storage, ensuring that information and data on contracts and transactions related to real estate are readily available. None of the documents authenticated by the office to date have been subject to legal disputes.

Mr. Phan Duc Quang, Head of Phu Dien Notary Office, provided information on the office's operations from its inception to the present.

During the inspection, the inspection team noted shortcomings such as the lack of a file index, the absence of documents proving private ownership and exclusive use of the property by the owner. The notarized mortgage contract appendix did not conform to regulations; instead of the title "Amendment and Supplement Document," it was labeled "Contract Appendix." There was no court decision declaring the loss of civil capacity, but the guardian of the person with lost civil capacity signed the contract on their behalf; there was no posted price list for notarization fees. Regarding notarization fees, some files did not comply with the regulations issued by the Ministry of Finance.

Mr. Cao Minh Thong, Head of the Notary Office of Dien Chau District, acknowledged the achievements of the Dien Chau District Notary Office in the past period and expressed concerns about the appointment of a second notary at the office.

During the inspection, members of the delegation raised several concerns regarding the office's fulfillment of state tax obligations and the recruitment process for new staff to meet job requirements. Currently, a notary office must have at least two notaries, but since 2011, the office has only had one notary. They questioned whether the office would meet the staffing requirements by 2017, as stipulated by law.

Comrade Thai Thi An Chung - Deputy Head of the Legal Affairs Committee of the Provincial People's Council - suggested that the office needs to finalize some procedures to avoid errors in the future.

Through this monitoring session, the Notary Office also hopes that relevant authorities will create favorable conditions to expedite the completion of the second notary appointment process.

Thanh Nga