Socialization of notary services: Challenges that need to be overcome.

(Baonghean) - The Law on Notarization, with its policy of socializing notarization services implemented over the past 7 years, has created favorable conditions for citizens, ensured the legal validity of civil relations, fostered trust, and made a significant contribution to the administrative reform process. However, there are still difficulties and shortcomings that prevent the quality of socialized notarization from being high...

People come to the Vinh Notary Office to have their documents notarized.

Fast and convenient

Needing to transfer land to his son, Mr. Nguyen Van Binh, residing in Quan Bau ward (Vinh City), went to Vinh Notary Office to have all his documents notarized. In a short time, Mr. Binh's documents were notarized quickly, accurately, and carefully. Mr. Binh said: "Initially, I was very worried about going to a private notary office because I didn't know if it was legal, but after being guided and assisted by the notaries, I felt reassured. The staff's service attitude here is very enthusiastic and attentive, and the processing time is shortened, so I didn't have to wait long." This is also the general assessment and feedback from people about private notary offices in the province.

Mr. Nguyen Xuan Kinh, Head of Vinh Notary Office (established in 2009), said: "The establishment of notary offices has opened up a legal framework for every citizen and legal entity in civil transactions. Previously, the entire province only had one notary office, and people who wanted to conduct civil transactions had to go to the Department of Justice, often having to wait in line... Some functions assigned to wards and communes did not meet the legal requirements to perform them. Notary offices with a team of professionally qualified staff help people more easily exercise their rights and obligations…"

Since the beginning of the year, Thanh An Notary Office (91 Nguyen Thai Hoc Street, Vinh City) has notarized over 1,000 documents, mainly including mortgage contracts for bank loans, land use right transfers, and inheritance distributions. Ms. Nguyen Thi Minh, a retired notary and Head of Thanh An Notary Office, said: "When people come to the office, any questions or problems with their documents are thoroughly explained. But what people and many clients appreciate most is the quick processing of documents and the polite and friendly staff. Furthermore, the lists and regulations for documents requiring notarization are publicly and transparently displayed, and the notarization fees are readily available for easy transaction."

Currently, there are 24 notary organizations operating in Nghe An province, including 2 state-run notary offices and 22 private notary offices. With the enactment of the Notarial Law, notarial activities in Nghe An have increasingly affirmed the important role and position of notarization in social life and met the growing demand for notarization services from the people. They ensure legal security for transactions and contribute to preventing potential disputes and legal violations. Depending on their needs, people have more choices in certifying contracts and transactions. Ms. Nguyen Que Anh, Deputy Director of the Department of Justice, stated: The activities of notary offices have contributed to the quick and timely notarization of contracts and transactions for organizations and individuals in the province. The establishment of notary offices has shared the administrative burden of the judicial system with state agencies. Furthermore, the increase in the number of notary organizations has forced notary offices and notary firms to change their approach to serving the public.

Addressing shortcomings

Despite positive results, the socialization of notary services is raising concerns that need urgent attention. Although many notary offices have been established, their distribution is uneven, mainly concentrated in cities and lowland districts. In less developed economic areas, the number of notary offices is very small, failing to provide convenient access for people needing notarization of contracts and transactions. For example, in Vinh City, besides the State-run Notary Office No. 1, there are 10 private notary offices operating. Some offices are only a few hundred meters apart. As transactions involving real estate, loans, and property mortgages decrease, the workload of these notary offices is significantly reduced. Ms. Nguyen Thi Minh, Head of Thanh An Notary Office, stated: "The number of clients coming to our office is decreasing day by day." Part of the reason is that the real estate market has been frozen for some time and has not yet recovered. Furthermore, there are too many offices in the same area, leading to intense competition.”

To attract clients, notary offices must compete with each other, leading to unhealthy competition. Many notary offices conduct transactions outside their premises, are lax in document assessment, or offer commissions and discounts to clients. Some offices "collude" with banks located in the city and require clients to have documents notarized at the designated office. Mr. Nguyen Xuan Kinh, Head of Vinh Notary Office, said: For a notary office to survive and develop, it is essential to build relationships with agencies and departments, especially banks. However, not all offices can do this, which has significantly affected revenue, causing considerable difficulties in operations and paying salaries to staff. Not to mention, to attract clients, some notary offices are lax in document assessment, leading to careless and incorrect notarization. Notary offices often have very little contact with each other to help each other find and research information, leading to inaccurate notarization of transactions.

According to the planning scheme, the number of notary offices will continuously increase, and to meet this demand, the development of the notary workforce and the improvement of notary quality must be prioritized. However, this issue still faces many difficulties because, according to the law, notaries must have 5 years of experience working in legal agencies before they can undergo training and apprenticeship to become notaries. But this is difficult because the notary position is not an attractive career path for officials. Currently, most notaries have retired. Many believe that many current notaries lack experience, and the reason stems from the rather lenient conditions for appointing notaries in the Notarial Law. Specifically, those who have been judges, prosecutors, investigators, doctors of law, lawyers who have practiced for 3 years or more, etc., are exempt from notary training and apprenticeship. This regulation deprives those mentioned above of some necessary skills and experience when practicing as a notary. “In the near future, when the amended and supplemented Notary Law comes into effect, notaries will not be allowed to be over 65 years old. Therefore, some notaries currently working in notary offices will have to retire. However, the pool of successors who have been trained, apprenticed, and will later become notaries is too small,” Mr. Nguyen Xuan Kinh stated.

The policy of socializing notary services is increasingly proving its relevance and rationality, aligning with the development of society. After seven years of implementing the Notary Law, existing problems and obstacles need to be reviewed and addressed promptly. Relevant agencies need to strengthen inspections and supervision of notary practices, as well as promptly rectify any unhealthy competition among notary offices. A mechanism for close coordination between relevant agencies, such as banks and land registration offices, should be established to facilitate timely information exchange when necessary. While socializing notary services is crucial, it cannot be rushed and requires a suitable and feasible roadmap, focusing on mountainous and remote areas to ensure the best possible service for the people.

Pham Bang