School-level scientific research topic: "Perfecting legal institutions on the form of organization of notary offices according to the 2014 Notary Law to promote thorough socialization of notary activities"

SCHOOL LEVEL SCIENTIFIC RESEARCH TOPICS:

“PERFECTING LEGAL REGULATIONS ON ORGANIZATIONAL FORMS

NOTARY OFFICE UNDER THE 2014 NOTARY LAW

"TO PROMOTE THOROUGH SOCIALIZATION OF NOTARY ACTIVITIES"

Socialization of notary activities is identified as one of the important strategic tasks in the judicial reform, building a socialist rule-of-law state of the people, by the people and for the people. The school-level scientific research topic "Perfecting legal institutions on the form of organization of notary offices according to the 2014 Notary Law to promote the thorough socialization of notary activities" by Master (PhD) Nguyen Van Mich was carried out in this context with an implementation period of 06 months (from December 2018 to June 2019). The topic is part of the 2018-2019 school year plan of the Graduate Training Institute, implemented according to Decision No. 12503/QD-DN dated February 25, 2019 of the President of Dai Nam University on assigning scientific research topics for the year 2018-2019.

With the purpose of the research being to contribute to the completion of regulations on the organizational form of notary offices, meeting the requirements of socialization of notary activities in our country today; the topic has carried out a number of main tasks:

• Firstly, Research the basic issues of notary activities, the relationship between notary activities and the organizational form of notary offices;
• Second, to a certain extent, research the laws of some countries following the freelance notary model in the world to point out reference values on the form of organization of notary offices for Vietnam.
• Third, Analyze and evaluate the current status of applying regulations on the form of organization of notary offices according to the 2014 Notary Law and point out limitations and shortcomings.
• Fourth, Proposing specific orientations and solutions to perfect the legal regime on the legal form of notary offices to meet the requirements of socialization of notary activities in Vietnam today.

With the tasks accomplished, the project has solved the following basic problems:

• Firstly, the Project has contributed to clarifying some theoretical issues on notarization and introducing the concept of notarization. The concept of notarization is built in accordance with the spirit of the 2014 Notarization Law and is a premise for studying the current situation, as well as proposing solutions to perfect the organizational form of notary offices in Vietnam. In particular, the Project has clearly identified the basic functions of notary offices and pointed out the necessity to distinguish the practice function from the practice support function. This is an important scientific argument for perfecting the law on the organizational form and ensuring the necessity of notary offices.
• Second, the Project analyzed the legal status of the organization of notary offices to recognize the shortcomings of the regulation that notary offices can only be organized and operate in the form of a partnership. This regulation has limited the implementation of the policy of socializing notary activities; creating risks for partnership notaries. The law does not recognize capital contributors in notary offices, which does not reflect the requirements of reality and does not create motivation to mobilize resources to participate in socializing notary activities.
• Third, based on theoretical research on notary activities and assessment of the current status of notary office organization under Vietnamese law, we have proposed specific orientations and solutions to improve the law on notary office organization in our country today.

The project has been accepted and recognized according to Decision No. 21001/QD-DN dated February 10, 2020 of the President of Dai Nam University with the result classified as Good.