Trách nhiệm bồi thường thiệt hại trong hoạt động công chứng theo pháp luật Việt Nam ttta

Tên tác giả: Hoàng Văn Hữu Tên luận án: Trách nhiệm bồi thường thiệt hại trong hoạt động công chứng theo pháp luật Việt Nam Ngành khoa học của luận án: Luật Kinh tế Mã số: 93.80.107 Tên cơ sở đào tạo: Học viện Khoa học Xã hội 2. Nội dung bản trích yếu Mục đích và đối tượng nghiên cứu của luận án: Mục đích nghiên cứu của luận án: Làm rõ cơ sở lý luận pháp luật về trách nhiệm bồi thường thiệt hại trong hoạt động công chứng, dựa trên cơ sở lý luận đó để đánh giá thực trạng các quy định pháp luật và thực trạng thực thi vấn đề bồi thường thiệt hại trong hoạt động công chứng. Phân tích những nguyên nhân, bất cập, những yếu kém, tồn tại trong việc thực hiện trách nhiệm bồi thường thiệt hại trong hoạt động công chứng. Từ đó tác giả đưa ra các giải pháp, kiến nghị có cơ sở lý luận, thực tiễn và có tính khả thi nhằm hoàn thiện pháp luật về trách nhiệm bồi thường thiệt hại trong hoạt động công chứng ở Việt Nam hiện nay. Đối tượng nghiên cứu của luận án: Hệ thống quy định pháp luật điều chỉnh trách nhiệm bồi thường thiệt hại nói chung như Bộ Luật Dân sự, Luật thương mại, Luật trách nhiệm bồi thường của Nhà nước…Và các quy định của pháp luật điều chỉnh vấn đề bồi thường thiệt hại trong hoạt động công chứng như: Luật Công chứng, luật kinh doanh bảo hiểm… Các phương pháp nghiên cứu đã sử dụng: Luận án vận dụng linh hoạt nhiều phương pháp nghiên cứu, điển hình một số phương pháp nghiên cứu sau: phương pháp luận biện chứng, phương 2 pháp thống kê, thu thập số liệu, phương pháp chuyên gia, phương pháp phân tích và tổng hợp lý thuyết, phương pháp xã hội học. Các kết quả chính và kết luận: Trong bối cảnh lý thuyết về trách nhiệm bồi thường thiệt hại trong hoạt động công chứng còn nhiều khoảng trống, chưa được nghiên cứu tận cùng, triệt để, phù hợp với bối cảnh Việt Nam thì những đóng góp nêu trên của Luận án là rất có ý nghĩa. Luận án đã làm phong phú thêm số lượng các công trình nghiên cứu lý luận và thực tiễn về trách nhiệm bồi thường thiệt hại trong hoạt động công chứng; đóng góp những quan điểm lý luận riêng về trách nhiệm bồi thường thiệt hại trong hoạt động công chứng; cung cấp những quan điểm, học thuyết quốc tế, nước ngoài về trách nhiệm bồi thường thiệt hại trong hoạt động công chứng. Đặc biệt, Luận án đã có những đề xuất về cơ sở lý luận và thực tiễn cho việc hoàn thiện pháp luật hiện hành về trách nhiệm bồi thường thiệt hại trong hoạt động công chứng theo hướng phù hợp với chủ trương của Đảng và Nhà nước ta về xã hội hóa hoạt động công chứng trong bối cảnh xây dựng nhà nước pháp quyền xã hội chủ nghĩa ở Việt Nam. Luận án có thể là cơ sở để các cơ quan quản lý nhà nước về hoạt động công chứng (Cục Bổ trợ Tư pháp, Phòng Bổ trợ Tư pháp…), Hiệp hội Công chứng viên Việt Nam, Hội Công chứng viên các tỉnh, thành phố trực thuộc Trung ương tham khảo, đề xuất sửa đổi, bổ sung Luật Công chứng nhằm đáp ứng yêu cầu, tầm nhìn quản lý hoạt động công chứng trong giai đoạn hiện nay và sau này ở Việt Nam. Luận án là tài liệu chuyên khảo, hữu ích cho công tác nghiên cứu, giảng dạy nghề công chứng tại Học viện tư pháp và các cơ sở đào tạo pháp luật ở Việt Nam.

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES HOANG VAN HUU LIABILITY TO COMPENSATE FOR DAMAGE IN NOTARIZATION ACTIVITIES ACCORDING TO VIETNAMESE LAW Major: Economic law Code: 38 01 07 SUMMARY OF THESIS OF PhD IN LAW STUDIES Ha Noi, 2022 Thesis was completed at: Graduate Academy of Social Sciences Vietnam Academy of Social Sciences Science instructor: Assoc Prof PhD Nguyen Trung Tin Review 1: Assoc Prof PhD Nguyen Hưu Chi Review 2: Assoc Prof PhD Vu Thi Hai Yen Review 3: Assoc Prof PhD Dang Vu Huan The thesis will be defended in front of the Academy level doctoral thesis grading committee held at: Graduate Academy of Social Sciences Vietnam Academy of Social Sciences, at…date…month…year… The thesis can be found at: National library of Viet Nam Library of Graduate Academy of Social Sciences INTRODUCTION Rationale of the study The Socialist Republic of Vietnam is in the process of implementing renovation and opening up the economy Resolution No 49/NQ-TW of the Politburo dated June 2, 2005 on the Judicial Reform Strategy to 2020 [1] identified: “Building a model of state management of notarization in the direction that the State organizes only appropriate notary agencies; take appropriate steps to gradually socialize this work” In the context of focusing on the market economy, the Government changes direction to building an integrity government, creates and socializes a part of state power and expects the function of the notary agency will also change Firstly, under the modern market economy conditions, the economic management method of the Government will have changes, in which it will increase the indirectness and serviceness and require to meet two important requirements for the provision of law and credit; this is what the notary industry can provide The Law on Notarization was approved by the 11th National Assembly, 10th session on November 29, 2006 and replaced by the Law on Notarization in 2014 which has been more than 14 years now, but has achieved remarkable results In particular, it is noteworthy that the first step has been taken to socialize notarization work, to build a nationwide notary network [2] If before the socialization of notary, the whole country has 131 Notary Offices and after implementing the Law on Notary 2006 the whole country has 625 notarial practice organizations After years of implementing the Law on Notary in 2014, there are 1,202 notarial practice organizations in the whole country, of which there are 118 Notary Chambers and 1,084 Notary Offices Compared to the time before implementing the policy of socialization of notarial activities, the whole country increased by 1,002 organizations (an increase of more than 10 times); Compared to the time of implementation of the Law on Notary in 2006, the number of organizations increased by 514 (an increase of nearly 02 times) In addition to the results achieved by the implementation of socialization of notarization activities such as: Citizens are given favorable conditions when going to notarization, there is no longer queues and crowding like in previous years when there was only Notaries work at Notary Public Chambers in a very small number; the state collects more taxes from notary activities; Notarized civil and economic transactions increasingly ensure stability, development and legal safety However, the rapid socialization of notarial activities, state management and self- governance of notary social organizations also revealed many limitations, leading to unfair competition The above context sets forth the requirement to study systematically and comprehensively the legal provisions on liability for damage compensation in notary activities; evaluate the advantages and limitations of the legal situation and the actual implementation of the issue of compensation for damage in notary activities Thereby, the author of the thesis gives orientations and solutions to perfect the law and improve the effectiveness of law enforcement on liability for damage compensation in notary activities This is the theoretical and cognitive basis for the thesis author to select and implement in his jurisprudence doctoral thesis with the topic “Liability to compensate for damage in notarization activities according to Vietnamese law” Research objectives and tasks 2.1 Research purposes The author determines that the research purposes of the thesis are to describe, define and explain the concept of notarization activities, the concept of liability for damage compensation in notarization activities Clearly define the theoretical issues about the liability to compensate for damage in notarization activities, based on that reasoning to determine the current status of legal regulations and the actual implementation of the issue of compensation for damage in notary activities Determining the causes, inadequacies and shortcomings in the performance of liability for damage compensation in notary activities From there, the author gives orientations and solutions with theoretical, practical and feasible basis to perfect the law on liability for damage compensation in notary activities in Vietnam today 2.2 Research tasks Research tasks are specific objectives that the topic has to accomplish To achieve the above research purposes, the thesis sets out the following specific research objectives: - Clearly identify the urgency of the research topic on the liability to compensate for damage in notarization activities according to the law of Vietnam - Assessing the overview of the research of domestic and foreign works on the issue of liability for damage compensation in notary activities according to groups of issues; briefly assess the scope and research level of these works, identify the unresolved contents, inherited knowledge and thereby pose issues that need further clarification in the thesis - Researching and clarifying specific, central, and key theoretical issues directly related to liability for damage compensation in notary activities - The objective is to clarify the current state of legal regulations on subjects responsible for compensation and funding sources for damage compensation in notarization activities; The objective is to clarify the grounds for arising liability for damage compensation in notarization activities, how the current state of the law regulates; The objective is to clarify the mechanism of compensation for damage in notary activities, especially how the law regulates professional liability insurance in notary activities; The objective is to clarify the reality of how to perform the liability to compensate for damage in notarization activities through the trial work of the Court From there, the author can see the advantages and limitations, inadequacies that need to be overcome of the specific goals mentioned above - The final objective of the thesis is that the author gives specific orientations and solutions to contribute to the improvement of the law and the implementation of the law on liability for damage compensation in notary activities in Vietnam Our country is better in the current period and integrates with the notary system of developed countries in the world Subject and scope of research 3.1 Research subject The object of research of the thesis is the nature of the problem of liability to compensate for damage in notary activities that needs to be considered and clarified in the research task The object of the study is the legal system governing the liability for damages in general such as the Civil Code, Commercial Law, Law on Public Employees, Law on Compensation Liability of the State And the provisions of the law governing the issue of compensation for damage in notarization activities such as the Law on Notary Public, the Law on Insurance Business 3.2 Scope of research - Content scope: The thesis studies some main contents of the law on liability to compensate for damage in general and liability to compensate for damage in notary activities in particular, such as: Subject, grounds for arising liability for damage, compensation level, scope of compensation, financial source for compensation; reimbursement liability, notary professional liability insurance; the subject has the obligation to compensate and the subject is compensated for damage in notarization activities - Spatial scope: The thesis studies the theoretical issues and legal status of liability for damage compensation in notarization activities in Vietnam from the time before the Law on Notary 2006 took effect (July 1, 2007) until to have a basis to solve the problems raised from the current legal situation and law enforcement practice on liability for damage compensation in notary activities in Vietnam Research methods 4.1 Methodological approach To fulfill the research tasks and purposes, the author of the thesis has based on the methodology of Marxism - Leninism (dialectical materialism and historical materialism), Ho Chi Minh's thought, the views of our Party and State on law, judicial reform, market economy institutions, international integration 4.2 Research methods During the research process, the author of the thesis used the following research methods: - Analytical methods to analyze the basic content of documents - Systematic method is used to systematize documents, works, articles on liability for damage in notary activities - Synthetic and statistical methods are harmoniously combined with the aim of synthesizing results collected from practice through data and articles on court judgments when resolving liability for damages in notarization activities This method is mainly used in Chapter - The historical method is used to learn the history of formation and development of legal provisions on liability for damage compensation in notary activities In addition, the thesis also uses other methods such as comparison, induction, deduction, prediction, etc to clarify research issues New contributions of the thesis The thesis is a comprehensive and in-depth research on the issue of liability for damages in notary activities The thesis has the following new scientific contributions: - Firstly, a scientific approach to the theoretical issues of liability for damage compensation in general and liability for compensation for damage in notary activities in Vietnam in particular and reference to experience in some countries in the world With a new perspective, the thesis will contribute to perfecting the theory of compensation for damage in notarization activities according to Vietnamese law The theoretical issues that the thesis has clarified are: The concept of notarization activities and the responsibility to compensate for damage in notary activities; The specific characteristics of the liability to compensate for damage in notarization activities stem from the professional responsibility of the subject performing notarization activities - Secondly, comprehensively evaluate and analyze the provisions of the law related to the content of liability for damage compensation in notary activities as mentioned above; practice implementation of these provisions and develop scientific arguments for solutions to improve the law on liability for damage compensation in notary activities - Thirdly, the thesis proposes solutions to implement the law on liability for damage compensation in notary activities Theoretical and practical significance of the thesis The thesis has clarified the nature of the problem of compensation for damage in notary activities; content of liability to compensate for damage in notarization activities The thesis has enriched the number of theoretical and practical researches on liability for damage compensation in notary activities; contribute my own theoretical views on liability for damages in notary activities; provide international and foreign perspectives and theories on liability for damage in notary activities In particular, the thesis has proposed theoretical and practical bases for the improvement of the current law on liability for damage compensation in notary activities in a manner consistent with the guidelines of the Party and State on the socialization of notary activities in the context of building a socialist rule of law state in Vietnam The thesis is a relatively comprehensive research work on liability for damages in notary activities The research results can be used for damage settlement agencies (Courts, notary practice organizations, insurance agencies ) to refer to and apply to settlement of damages in notarization activities On the other hand, the thesis can be the basis for state management agencies on notarization activities (Department of Judicial Support, Division of Judicial Support ), Vietnam Association of Notaries, Notary Associations of provinces and centrally run cities consult, propose amendments and supplements to the Law on Notary to meet the requirements and vision of notarization management in the current and future period in Vietnam The thesis is a monograph, useful for the research and teaching of the profession of notary at the Judicial Academy and legal training institutions in Vietnam Structure of the thesis In addition to the introduction, conclusion, list of references, the thesis content is structured into 04 chapters with specific sections and subsections as follows: Chapter 1: Overview of research related to liability for damage in notary activities Chapter 2: Theoretical issues of responsibility for damage in notary activities Chapter 3: Current legal status and implementation of the law on liability for damage compensation in notarization activities Chapter 4: Orientations and solutions for law improvement, enhanced efficiency of implementation of law on liability for damage compensation for notarization activities Chapter OVERVIEW OF RESEARCH SITUATION RELATED TO LIABILITY FOR DAMAGES IN NOTARY ACTIVITIES 1.1 Theoretical research on liability for damage compensation in notary activities Theoretical researches on liability for damages in notarization activities have received the attention of many domestic and foreign scholars The research works directly related to the thesis topic, which are useful references for the thesis's author when studying foreign legal experience on this issue, include: - Presentation “Civil Liability of Notary Public in France and Guarantees for damaged persons” of Notary Public Thierry Vachon at the Vietnam France Law House during a conference organized by the Notary Council of Paris on October 24, 2011 - Author Truong Phong, took office at She Kou Notary Office in Shanghai with the article "Short discussion on liability for damages in notary" Article on Legislative Research Journal "Compensation for damage caused by Notary Public" (2011) by Do Van Dai The book "Completing regulations on civil liability in notarization activities" by Tuan Dao Thanh in 2013 Master's thesis in jurisprudence "Responsibility for compensation caused by notaries in notarization activities under Vietnamese law" (2014) by author Hoang Van Huu The book "Law on compensation for non-contractual damages in Vietnam, judgment and thesis commentary" (Volume 2; 2016) by Do Van Dai Seminar: "Forged documents, responsibilities of notaries" on November 8, 2019 organized by Ho Chi Minh City Legal Newspaper with the participation of Director of Ho Chi Minh City Department of Justice, representatives of notarial practice organizations, experts in the field of criminal and civil proceedings 1.2 Research on current situation and solutions on liability for damage compensation in notarization activities The article "Commenting on mistakes in notarized compensation liability and considering the scope of compensation" by author Khuong Hieu Phung (Jiang XiaoFeng) published in Long Nguyen magazine, period 19, 2014 Article by the author of the thesis of the 2012 course, Cao Quang The (Gao GuangShi) Law Faculty of Qingdao University "negotiation on compensation liability in notary" The “handbook of notaries” published by Alex Padilla in 2016 Article: "Discussing the settlement of the liability of compensation for damage of notarial practice organizations in the case related to the declaration of notarized documents as invalid" by Judge Phan Dinh Hai People's Court of Buon Ma Thuot City Seminar "Responsibility for compensation and reimbursement in notary activities" organized by Judicial Academy in Ho Chi Minh City on September 25, 2020 1.3 Overall assessment of the research situation 1.3.1 The advantages and research results that the thesis will inherit and continue to develop Although, the above-mentioned research works not overlap with the thesis topic, but at different levels, some theoretical issues related to the thesis topic have been studied and are important references for the inheritance and development thesis The number of research works on the topic of compensation liability is relatively large, rich and diverse, approached from many directions with different levels of relevance However, the number of research works on the topic of Liability to compensate for damage in notarization activities, especially in Vietnam, is still small, incomplete, and not systematic This is also a big challenge for the thesis research implementation Through the study of research works related to the thesis topic, the author has some evaluation of research results as follows: - Research works have studied, mentioned the concept, purpose and meaning of compensation for damage caused by notary public in notary activities - A number of research works have mentioned the subject responsible for compensation for damage in notary activities, the responsibility for compensation - A number of studies have determined the damage to be compensated for in notarization activities, the fault factor as a basis for determining whether compensation is required or not, and the applicable law to compensate for damage in notarization activities - Professional liability insurance in notary activities has also been mentioned by a number of studies, but there are huge differences between countries in the world and Vietnam - A number of studies have mentioned how to determine the compensation level, the scope of compensation, the legal status and the actual situation of compensation settlement through a number of specific cases in Vietnam and some countries in the world have quite clear differences between notarization systems in the world - Some works have compared and cited a number of legal provisions of some countries in the world on settlement of liability for damage compensation, measures to ensure compensation for damage in notarization activities 11 research works have not been presented in a comprehensive and unified manner A number of domestic studies have provided analysis and evaluation of the legal provisions on liability for damage in notary activities such as grounds for arising, notarization professional liability insurance, apply law to settle compensation in notarization activities The thesis's author's research topic is inherited, so the basic problem that needs to be continued to be solved in the thesis is not only theoretical issues about liability for damage compensation in notary activities, but also includes current legal issues and recommendations to improve the law on liability for damage compensation in notary activities Chapter THEORETICAL ISSUES OF RESPONSIBILITY FOR DAMAGE IN NOTARY ACTIVITIES 2.1 Concept and characteristics of liability for damage in notary activities 2.2.1 The concept of notarization activities and the responsibility to compensate for damage in notarization activities We can introduce the concept of liability for damages in notary activities as follows: Liability to compensate for damage in notarization activities is the joint responsibility of the subjects performing notarization activities (notary practice organizations, notary, employees, interpreters of notarial practice organizations) must compensate for damage caused by their own fault if causing damage to notarization requesters and/or to third parties (organizations and individuals suffering damage caused by notarization activities) 2.2.2 Features of liability for damage compensation in notary activities – Features of the basis for arising liability for damage compensation in notarization activities: – Features of the law applicable to compensation for damage in notary activities: – Liability to compensate for damage in notarization activities is the responsibility to compensate for damage outside the contract: – Liability for damages in notary activities is secured by various financial resources: 12 2.2 Subjects obliged to compensate for damage in notarization activities The subject of the obligation to compensate for damage in notarization activities can be a notary practice organization, a notary, and has differences in the Notary Law of some countries around the world In notary activities when damage occurs, the primary concern of the subject of damage is who to sue to claim compensation? Claim what? To sue someone is to identify the subject of the lawsuit or in other words to determine the subject who will be responsible for compensating for his or her damages Sue what - is to determine the scope and issues to sue to claim damages? From the perspective of notarization requesters (organizations and individuals that require notarization) or a third party (the party whose interests and obligations related to notary activities are damaged) they will have to complain or sue the notarial practice organization (including Notary Office and Notary Office) or sue personally Notaries, employees causing damage to them? In other words, is this the responsibility of the individual or the responsibility of the legal entity, joint or separate responsibility? How does Vietnamese law regulate this issue? Why is that? Whether there are any shortcomings or not, there are still many conflicting interpretations * The first interpretation holds that the responsibility for compensation for damage in notarization activities belongs to the notarial practice organization * The second interpretation holds that the responsibility for compensation for damage in notary activities belongs to the individual Notary * The third way of understanding is that the liability to compensate for damage in notary activities is a joint responsibility According to the author's point of view, the third interpretation is more fully based because: In principle, liability for compensation is a form of civil liability Notary law stipulates that both notaries and notarial practice organizations must be responsible for compensation in order to ensure the joint responsibility between them these two subjects, ensure the interests of the victims, ensure the principle that damage must be compensated "fully" and "timely" The subject of damage has the right to request a notary practice organization or the subject of damage is a Notary, employees of notarial practice organizations to compensate for all damages After that, the indemnified subject has the right to request the other party with other compensatory obligations to return the amount of money that 13 they are responsible for indemnifying to ensure the interests of the aggrieved person 2.3 Grounds for arising liability for damage compensation in notarization activities 2.3.1 Damage must have occurred during the notary activity In the 2014 Law on Notary, the legislators affirmed that the liability to compensate for damage only arises when "damage occurs" to the notarization requester, other organizations and individuals In other words, the factor "has damage occurred in notarization activities" is one of the mandatory factors that must exist when determining the issue of compensation for damage in notary activities 2.3.2 It must be the fault of the person causing the damage in notarization activities From a jurisprudence point of view, there are many different views on the perception of the element of error, but in general, scholars accept that errors are manifested in two forms intentionally and unintentionally Scholars also distinguish the degree of error in the form of inadvertent errors including major inadvertent errors and minor inadvertent errors At fault, according to the provisions of Article 364 of the Civil Code 2015: “Faults in civil liability include intentional errors and unintentional errors Intentional error is a case where a person is well aware that his or her actions will cause damage to others but still performs and wishes or, though undesirable, allows the damage to occur Negligence is a situation where a person does not foresee that his act is likely to cause damage, although he should have known or could have known in advance that damage would occur, or foresaw that his act was likely to cause damage, but assume that the damage will not occur or can be prevented” 2.3.3 There must be a causal relationship between the damage occurring and the fault of the person causing the damage in the notary activity Causality is the objective relationship of things themselves The causal relationship of the thing itself exists outside of the will of people, regardless of whether people are aware of it or not The causal relationship of things and phenomena is common On the basis of dialectical perception, all phenomena in nature and society are caused by certain causes According to point 1.3, part I, Resolution No 03/2006/NQ-HDTP dated 14 July 8, 2006 of the Judicial Council of the Supreme People's Court guiding the application of a number of provisions of the 2005 Civil Code 2.4 Professional liability insurance in notary activities 2.4.1 Concept of professional liability insurance in notary activities Professional liability insurance in notary activities is a type of compulsory insurance, whereby a notary-practicing organization is obliged to purchase professional liability insurance for subjects performing notarization activities at such their organization In which, the law stipulates the conditions and scope of insurance; the minimum insurance amount that the participating notarial practice organization and the insurance enterprise are obliged to perform for the purpose of protecting the interests of the aggrieved party and the safety and stability of notarial activities 2.4.2 Features of professional liability insurance in notary activities Firstly, in essence, this is a type of compulsory insurance Second, professional liability insurance in notary activities is built for the purpose of protecting the interests of notarization requesters and other related subjects Thirdly, the subject in a notarized professional liability insurance contract includes the insurance buyer being a notary practice organization, and the insurance seller being an insurance enterprise Conclusion of chapter In chapter of the thesis, the author of the thesis researches and clarifies specific theoretical issues about liability for damage compensation in notary activities to help us distinguish the difference from liability for damage compensation in general and with liability for damages in other areas Beginning from the nature of notarization activities, the author clarifies key theoretical issues such as: The concept of notary activities; concept and characteristics of liability for damage in notary activities; The subject that is obliged to compensate for damage in notarization activities is a notary practice organization, notaries, employees, interpreters are collaborators of their organizations 15 Chapter LEGAL STATUS AND IMPLEMENTATION SITUATION LAW ON DAMAGE RESPONSIBILITY IN NOTARY ACTIVITIES 3.1 Current status of legal provisions on liability to compensate for damage in notarization activities 3.1.1 Current status of regulations on subjects responsible for compensation and funding sources for damage compensation in notarization activities * Period before July 1, 2007: Period before July 1, 2007 (the effective date of the Law on Notarization 2006), the subject responsible for compensation for damage in notarization activities also changes according to legal documents from time to time As follows: + Decree No 59 signed by President Ho Chi Minh issued on November 15, 1945, defining the regulations on visa documents + Circular No 574/QLTPK dated October 10, 1987 of the Ministry of Justice guiding the state notarization work + Decree No 45/HDBT of the Council of Ministers dated February 27, 1991 on the organization and operation of state notary + Decree No 31/CP dated 18/05/1996 of the Government on the organization and operation of the state notary + The 1995 Civil Code stipulates: “State agencies must compensate for damage caused by their civil servants and public employees while performing their official duties + Ordinance on Cadres and Civil Servants 1998: In Clause 5, Article 39 of the Ordinance + Decree No 75/2000/ND-CP dated December 8, 2000 of the Government on notarization and authentication * The period after July 1, 2007: - Law on Notarization 2006: - Notarization Law 2014: According to Article 4, Circular No 08/2012/TTLT-BTC-BTP of the Ministry of Finance - The Ministry of Justice dated January 19, 2012 guides the collection rate, collection, payment, management and use of notary fees: 16 3.1.2 The current situation of regulations on the basis for arising liability for damage compensation in notarization activities From the theoretical issues on the grounds for arising liability for damage compensation in notary activities in chapter of the thesis, in this chapter 3, we will delve into the actual situation of the law on this issue, Are there any shortcomings to use as a basis for recommendations to improve in chapter 4? 3.1.3 Current status of regulations on professional liability insurance in notary activities Chapter of the thesis has mentioned the theoretical issues of professional liability insurance in notary activities, in chapter 3, we will delve into the reality of how Vietnamese law is regulated, and what are the shortcomings through the following issues: 3.2 Actual situation of performing the responsibility to compensate for damage in notarization activities 3.2.1 Law applicable to settlement of damages in notary activities through trial practice at the Court In recent years, the practice of notary requesters, related organizations and individuals initiating lawsuits to claim compensation for damage caused by notarization has an increasing trend Beginning from theoretical issues, the legal situation on compensation for damage in notarization activities is still inadequate and inconsistent as mentioned in chapters and of the thesis 3.2.1 Determining errors and damage occurring when settling compensation for damage in notarization activities through trial practice at the Court 3.3 General assessment of the legal status and the actual implementation of the law on liability for damage compensation in notary activities 3.3.1 General assessment of the legal situation on liability to compensate for damage in notarization activities * Achievements Firstly, the provisions of the law on liability to compensate for damage in notarization activities over the period from the time the Law on Notary did not exist until now have been gradually improved Secondly, the current legal situation has mentioned the important basic issues of compensation for damage in notarization activities such as:: 17 The issue of determining the subject responsible for compensation in notary activities, source of compensation funds, indemnification liability, grounds for arising liability for damage compensation, notary professional liability insurance … is the premise for the author to research and perfect the law on compensation for damage in notary for his thesis * Limitations and shortcomings Firstly, the parallel existence between the Notary Office (public non-business unit under the Department of Justice) and Notary Office (operating in the model of a partnership company established by two or more notaries of the partnership) Consequently, the subjects conducting notarization activities in the two agencies are governed by the law, there are also many differences and inconsistencies Secondly, based on the arising of liability to compensate for damage, the source of compensation funds of the subjects conducting notarization activities causing damage mentioned above also have many conflicting views Third, the mechanism to ensure compensation for damage in notarization activities in our country is still formal, not consistent, specific and thorough 3.3.2 General assessment of the actual implementation of the law on liability for damage compensation in notary activities * Achievements Firstly, according to statistics as of December 31, 2019, most of the notarized documents are legally secure The number of cases in which compensation is required for notarization claimants is quite low Secondly, the actual implementation of the law on compensation in notary activities contributes to protecting the legitimate rights and interests of the victims Third, the actual implementation of the law on compensation for damage in notary activities contributes to ensuring the legitimate rights and interests of the organization, individuals requesting notarization and other subjects with legitimate rights and interests suffer damage from notarization activities * Limitations and shortcomings 18 Firstly, the application of the law by the Court when settling compensation is not uniform across the country It is the same legal relationship, but each Court has a different way of applying the law Secondly, the State management of notarial organizations and activities, especially the inspection and handling of violations in notary, is still not strict enough Thirdly, the notaries’ self-governance responsibility of the socialprofessional organization in supervising the notaries’ practice activities is still low Fourthly, the application of information technology to notarization activities is slow and inconsistent, not meeting the requirements for developing e-Government and the fourth Industrial Revolution Cshapter Conclusion The results of the study on the legal status and the actual implementation of the law on liability for damage compensation in notary activities in Vietnam in chapter of the Thesis, the thesis author has come to some conclusions as follows: The law on liability to damage compensation in notarization activities in Vietnam in particular has had a process of formation, development and improvement over certain historical periods The Vietnam’s law has provided basic regulations on liability for damage compensation related to the notarization as in Ordinance No 59 signed for granting by President Ho Chi Minh on November 15, 1945, setting the regulations on documents authenticity Research results show that there are still law loop-holes for the liability for damage compensation in notary activities needed improving to ensure that any damage which may occur will be fully and timely compensated for the person who requests for the notarization and other relevant subjects Currently, when implementing the socialization of notarization activities, apart from the achievements, in the context of database information about transaction assets, personal identifiers, personal identity status of a person has not been as transparent and synchronized as that in the countries with developed notarization system in the world When verifying the authenticity and legality of those papers, documents which lack o f matching, the notary mainly depends on manual manipulation with 19 the naked eye, their professional experience Taking advantage of that loophole, many people have falsified dossiers and papers to be notarized, causing damage to others, causing prolonged and increased disputes and insecurity for economic and civic relations Chapter ORIENTATIONS AND SOLUTIONS FOR LAW IMPROVEMENT, ENHANCED EFFICIENCY OF IMPLEMENTATION OF LAW ON LIABILITY FOR DAMAGE COMPENSATION FOR NOTARIZATION ACTIVITIES 4.1 Orientations for improvement of the law on liability to damage compensation in notarization activities 4.1.1 Improvement of the law on liability for compensation in notarization activities to ensure the parties’ lawful rights, interests The 2014 Law on Notary has some provisions on liability for compensation and refund in notarization activities, but there are still many inadequacy and shortcomings that need to be amended and supplemented to handle the claims for damage compensation in the current context 4.1.2 Improvement of the law on compensation liability in notarization activities for successful implementation of the Party and State’s policy of notarization activities socialization The view point of innovation and improvement of the law on liability for damage compensation in the notarization is to socialize notarization activities while ensuring the professionalism and efficiency of notarization activities Many notarial practice organizations have been established, but the State role in the notarization management must be effective, comprehensive, and able to govern any situations which may arise when socializing notarization activities The socialization of notarization activities must be conducted while ensuring that notarization activities must comply with the provisions of the law, guarantee the interests of the parties; any wrongful notarization will be compensated In other words, the legal regulations on dealing with compensation for damage must be thorough and adequate to ensure that damage is fully and promptly compensated in the context of the current socialization of notarization activities in our country 4.1.3 Improvement of the law on compensation liability in notarization activities for promotion of our country’s market economy Improving the law on liability for damage compensation in notarization activities will make notary activities have a positive effect on 20 socio-economic development Improvement of the law on liability to damage compensation for notarization activities will make the notarization activities make positive effects on the socio-economic development The synchronized, improved law on liability for damage compensation in notarization activities will make economic entities and individuals who need notarization feel secure in completing the notarization requests, will guarantee the legitimate interests of individuals and organizations in different manner, helping prevent the law violations, ensuring social order and safety 4.1.4 Improvement of the law on compensation liability in notarization activities for aiming at the professionalism, efficiency and integration with the world’s notary industry The purpose of perfecting the liability for damage compensation in notarization activities is not only to ensure the legitimate rights and interests of the parties, but also to aim at achieving the professionalism, efficiency and integration with the world’s notarization industry On October 9, 2013, in the presence of nearly 1,000 delegates from the member countries and territories of the International Union of Notaries, the General Meeting of the International Union of Notaries officially admitted Vietnam to become an official member of the International Union of Notaries The International Union of Notaries is a non-governmental organization working to promote the coordination and development of Notaries worldwide, formed by 19 countries at the time of its formation in 1948, which currently has nearly 90 member countries, including 21 out of 27 member countries of the European Union, 15 out of 19 G20 member countries 4.2 Solutions for improvement, enhancement of the efficiency of the law enforcement on liability for damage compensation in notarization activities 4.2.1 Improvement of the legal provisions on the base for arising and the subject responsible for damage compensation in notarization activities Firstly, to supplement provisions on the base for arising liability for damage compensation in notarization activities in the Law on Notary in the direction of: Secondly, to supplement the provision on the liability for damage compensation in notary activities that is a joint responsibility, beyond the contract To prescribe provisions on principles of handling the damage compensation in notary activities; the subject responsible for damage compensation for in notarization activities Thirdly, to amend and supplement the Law on Notary, clearly detailing the provisions of the Law applicable for settlement of damage 21 compensation in notarization activities, avoiding conflicts, overlapping and inconsistencies 4.2.2 Improvement of the legal provisions on the liability insurance in notarization activities Firstly, to amend the name "professional liability insurance of notaries" in the Law on Notary 2014 and Decree 29/2015/ND-CP to " liability insurance in notarization activities" Secondly, To amend and supplement regulations on insurance coverage and conditions in notarization activities To amend and supplement Article 20 of the Government’s Decree No 29/2015/ND-CP dated March 15, 2015 of detailing and guiding the implementation of some articles of the Law on Notary Thirdly, The Ministry of Finance should promptly issue a Circular providing for Principles, Terms, fee schedule, contract templates and compulsory insurance liability levels for liability insurance in notarization activities Fourthly, To amend the Law on Notary in the direction of establishing civil liability insurance in parallel with the Collective Compensation Fund in notarization activities, applying the model of the countries with developed notarization system 4.2.3 Improvement of the law on compensation funding sources and refund responsibilities in notarization activities Firstly, in the condition that there are still many types of notaries working in different notarial practice organizations like in our country today, it is necessary to provide clear and specific regulations on the compensation funding source Secondly, The notary or employee who is at fault for causing damage must refund the amount paid by the notary practice organization or collective compensation fund on his behalf Thirdly, to add regulations on the procedure for compensation for damage in the Law on Notary Public and the Law on Public Officials because there are no longer managerial civil servants at the Notary Office 4.2.4 Improvement of the law on nationwide notary network databases, national databases on population and assets participating in transactions The damage prevention measures such as professional liability insurance, setting up a compensation fund in the above-mentioned notary resolves the consequences when there is compensation while a solution of the root nature of risk prevention is building a nationwide notary network database, national data on population and assets when participating in transactions 22 4.2.5 Strengthen professional and ethical training for subjects performing notarization activities Firstly, regularly provide training of notaries professional and ethics for Notaries Secondly, other subjects related to notarization activities such as: People's Committees of communes, districts, Land registration offices, Departments of natural resources and environment, interpreters Thirdly, to strengthen inspection, inspection and handling of violations in notarization activities to minimize damage and prevent risks for parties in addition to solutions to improve the quality, ethics and professionalism of the subjects conducting the notarization activities 4.2.6 Building a precedent on compensation for damage in notarization activities The inconsistent application of the law when settling compensation for damage in notarization seriously affects the rights and interests of the aggrieved party and notarial practice organizations, causing frustration among the people, affecting the rights and interests of the aggrieved party to the judicial reform process of our country Therefore, it is required that the Supreme People's Court issue a Resolution guiding supplement and unifying the settlement of damage compensation in notarization and proceeding to develop a precedent on compensation for damage in notarization activities for local courts to apply uniformly nationwide Chapter Conclusion On the basis of inadequacies and shortcomings in theory, on the legal status and the actual status of law enforcement when settling compensation for damage in notarization activities in chapter and of the thesis In that context, it is imperative to have opinions and solutions for improvement of the law on compensation for damage in notarization activities CONCLUSION The doctoral thesis on liability for damages in notary activities is the first scientific work to systematically and comprehensively study the issue of liability for damage compensation in notary activities according to the law Vietnam The thesis consists of 04 chapters: Chapter of the thesis, the author of the thesis overviews the research situation related to the topic of liability for damage compensation in notary activities In this chapter, the author of the thesis researches and synthesizes domestic and foreign scientific works related to the issue of liability for damage 23 compensation in notarization activities The author of the thesis surveys, evaluates, comments and gives comments on the advantages and achievements that the scientific works related to the thesis topic have been achieved Based on that, the author evaluates the advantages and research results that the thesis will inherit and continue to deploy in the thesis topic The author of the thesis proposes research questions, research hypotheses and research theories to serve the development of thesis writing The author makes assumptions, initial arguments about liability for damage compensation in notary activities to prove and clarify in the next chapters of the thesis Chapter of the thesis, the author of the thesis presents theoretical issues about liability to compensate for damage in notary activities on the basis of the provisions of the law on compensation for damage The key theoretical issues, focus, directly related to the thesis topic in chapter that the thesis author surveyed and researched such as: Concept of notarization; activities and characteristics of liability for damage in notary activities Who is the subject having the obligation to compensate for damage in notarization activities? Is there a difference in the basis for the liability to compensate for damage in notarization activities for Notaries and employees working at the Notary Office and the Notary Office? The scope of compensation, where does the financial source for compensation come from, and is there any difference between the notarial practice organizations? What is the indemnification responsibility in notary activities? What does the law say about this? What is professional liability insurance in notary activities? What is the insurance premium, insurance coverage and period, etc that are provided by current law? Chapter of the thesis, the author analyzes and evaluates the legal status of liability for damage compensation in notary activities in Vietnam In this chapter, the author of the thesis presents the actual status of promulgating legal provisions on liability for damage compensation in notary activities In addition, the author of the thesis also analyzes and evaluates the actual status of the implementation of compensation for damage in notary activities according to groups of problems through some practical cases The author of the thesis makes a general assessment on the achieved results, shortcomings and inadequacies of the actual legal status 24 and the actual implementation of the law on compensation for damage in notary activities and is the basis for giving orientation, solution for improvement in chapter Chapter of Thesis, the thesis's author bases on the survey results on inadequacies and limitations in theory and practice in the presentation in chapters and of the thesis, the author of the thesis gives orientations and solutions to perfect the law, improve the efficiency of law enforcement on liability for damage compensation in notarization activities In this chapter, the author of the thesis offers specific solutions to thoroughly solve the problem of compensation for damage in notary activities such as: Completing the law on the basis of arising and the subject responsible for compensation for damage in notarization activities Completing the law on notary professional liability insurance and setting up a collective compensation fund in notary activities Completing the law on compensation funding sources and reimbursement responsibilities in notary activities; on the establishment of a nationwide notary network database, a national database of population and assets participating in transactions The author also offers specific solutions on improving the professional and ethical qualifications of subjects performing notarization activities; inspectors in notarization activities coordinate with the self-management mechanism of notarial practice organizations to reduce the risk of risks occurring in notarization and especially the solution of building case precedents for the settlement of damage compensation in notary is uniform throughout the country These are also the new points that the thesis makes that will partly help law makers, apply the law to research and perfect the law on liability for damage compensation in notary activities in Vietnam in the current period to achieve optimal efficiency, suitable and closely follow the development of the notary profession in the region and countries around the world LIST OF RESEARCH WORKS PUBLISHED NO NAME OF ARTICLE/WORKS Dr Tuan Dao Thanh, Hoang Van Huu (2018), Discussing the role of witnesses in the field of notarization Hoang Van Huu (2019), Identifying subjects sued for damages in notarization activities PLACE OF PUBLICATION YEAR Democracy and Law Magazine December edition (321) in 2018 Democracy and Law Magazine August edition (329) in 2019 Democracy and Law Magazine A special publication for the Vietnam Association of Notaries to "implement the law on notarization" in 2020 Democracy and Law Magazine January edition (01) in 2021 Hoang Van Huu (2020), The solution to complete the liability for damage compensation in notarization activities Hoang Van Huu (2021), Policy on development of notary profession ... research results can be used for damage settlement agencies (Courts, notary practice organizations, insurance agencies ) to refer to and apply to settlement of damages in notarization activities... activities such as: People's Committees of communes, districts, Land registration offices, Departments of natural resources and environment, interpreters Thirdly, to strengthen inspection, inspection... Vu Huan The thesis will be defended in front of the Academy level doctoral thesis grading committee held at: Graduate Academy of Social Sciences Vietnam Academy of Social Sciences, at…date…month…year…