Notaries notarize 700 transactions per day?

On the afternoon of June 17, right after the National Assembly heard the Presentation and the Report on the Notarization Law (amended), the National Assembly discussed the above Law in groups. Deputy Hoang Minh Hieu (Nghe An Delegation) said that this is an important Law project because when the economy develops, the transactions requiring notarization will increase. With strict regulations like the draft Law, it will contribute to the development of the socio-economy.

Delegates discuss in Group 3. Photo: Quang Vinh.

Regarding notarization of translations, according to Mr. Hieu, attention should be paid to the capacity to notarize translations. At the same time, if the Law does not regulate notarization of translations, it will create a legal gap and this is an issue that needs to be considered.

Mr. Hieu analyzed, for example, inheriting a will of an ethnic minority who needs to make a will in the ethnic language without a translation, that would be a disadvantage for people using other languages, even if the transaction is in a foreign language without giving the translation to the civil servant, who knows which unit to notarize this? Therefore, that legal gap must be resolved.

Citing the fact that when monitoring, he saw many notary offices doing well, such as Can Tho, which in one year did more than 1,300 notarizations with translations and had good results, Mr. Hieu said that the reason we are concerned about capacity is not because of the capacity, but the important thing is the cost. If notarizing a translation, there must be coordination, someone must do the translation to create trust between the parties to the transaction. Therefore, we should consider carefully to avoid creating legal gaps, creating conditions for better completion of transactions.

Mr. Hieu also said that it is necessary to control the quality of notarization. The report of the Judicial Academy and the Law University of the National University shows that a notary public can only notarize 8-10 notarized contracts in a day if he works seriously and scientifically . However, currently in some areas in Hanoi, there are notary offices where each day a notary public notarizes 700 transactions. "So I don't know how this notarization is done at such a fast speed and in such a large quantity. If so, what is the quality like?

In reality, there are many violations in notarization activities, the situation of notarization is very common, the person selling the car sells through notarization of a pre-signed contract. Just transfer it to someone else and put it in the notarized contract and it's done. So we cannot control this, or notarization without the presence of a notary, just assigning the notary assistant to do the notarization and then sign it, there is no measure to control it", Mr. Hieu raised the issue and said that perhaps in this draft Law, there should be more solutions to ensure the quality of notarization.

Requiring notarization in or out of the office cannot solve that problem because no one has measures to control whether notarization is taking place at the notary office or outside the notary office. Therefore, this draft Law needs to consider and add solutions such as applying the experience of some countries such as controlling the maximum number of 1 notary over time.

Mr. Hoang Thanh Tung reviewed the draft Law. Photo: Quang Vinh.

Previously, when examining the draft Law, the examining body, the National Assembly's Law Committee, stated that the draft Law does not stipulate the certification of the accuracy and legality of translations within the scope of notarization activities as in the current Notarization Law, but only stipulates that notaries certify the translator's signature according to the provisions of the law on certification.

Through discussion, many opinions in the Law Committee agreed with the provisions of the draft Law to overcome the shortcomings and limitations of notarizing translations as stated in the Policy Impact Assessment Report attached to the Draft Law Document, avoiding the fact that in reality many notaries refuse to notarize translations due to insufficient foreign language proficiency to certify the accuracy and legality of these documents, and notary organizations also cannot build a team of translator collaborators, causing an "overload" of translation certification at the Department of Justice in some localities when instead of going to a notary organization, people choose to certify the translator's signature. This provision limits the risks and responsibilities of notaries for notarizing translations, ensuring feasibility and suitability with the practical situation.

However, some opinions in the Law Committee proposed to keep the regulations on notarization of translations as in the current Notarization Law and further improve them to overcome current shortcomings and limitations in the direction that the draft Law needs to supplement the content clearly stipulating the responsibility of the translator for the accuracy of the translation compared to the original, the notary is responsible for the authenticity and legality of the translated document that requires notarization.

Mr. Hoang Thanh Tung, Chairman of the National Assembly's Law Committee, stated his opinion: The completion of the translation notarization mechanism in the above direction is appropriate. Because by removing the regulation on notarization of translations of documents and papers as in the draft Law submitted by the Government, the translations of contracts and other transactions will not be certified for accuracy, legality, and non-contrary to social ethics, thus affecting the safety of civil and economic transactions. Furthermore, the provisions of the draft Law do not ensure the consistency of the legal system. When people have a need to notarize a translation, specifically in the case of a will made in a foreign language or an ethnic language according to the provisions of the Civil Code, no agency or organization will perform it, creating a legal gap in practice.

“The removal of the regulation on notarization of translations will create inequality in the legal environment between Vietnamese organizations and individuals and foreign organizations and individuals that have transactions requiring notarization in Vietnam, which does not meet the requirements of international economic integration. Through practical surveys in some localities, it can be seen that in some places, notarization of translations is still carried out effectively with a team of professional translators, meeting the needs of civil and economic transactions in the area,” said Mr. Tung.

Source: https://daidoanket.vn/cong-chung-vien-moi-ngay-cong-chung-700-giao-dich-10283551.html