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MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY LAI THI BICH NGA NOTARIZED CIVIL TRANSACTIONS UNDER THE LAW OF VIETNAM Major : Civil law and civil procedure Code : 38 01 03 SUMMARY OF LAW DOCTORAL THESIS HANOI - 2023 The Thesis has been completed at Ha Noi Law University Supervisors: Dr Vuong Thanh Thuy Dr Tuan Dao Thanh Reivewer 1: Associate Professor, Dr Nguyen Thi Que Anh University of Law, Hanoi National University Reivewer 2: PhD Le Dinh Nghi Ministry of Education and Training Reivewer 3: PhD Chu Thi Hoa Ministry of Justice The Thesis was defended before the Doctoral Thesis Evaluation Panel (the University level) at Ha Noi Law University At…, date… month… year 2023 The Thesis can be found at the National Library of Vietnam and the Library of Ha Noi Law University INTRODUCTION The urgency of researching the topic Notarized civil transactions are civil transactions whose legality and authenticity are certified by a notary according to the order and procedures prescribed by law Notarized civil transactions are performed when the law stipulates that civil transactions must be performed according to notarization procedures to ensure the validity of the transaction or according to the choice of the subjects participating in the transaction The transaction wants the transaction to be carried out according to notarization procedures Recent reality shows that the number of civil transactions carried out according to notarization procedures, as well as the development of the team of notaries and notary practice organizations, is increasing, this shows the role of notary activities is increasingly affirmed in ensuring the validity of civil transactions In general, our country's legal system on notarized civil transactions is relatively complete and complete, creating a legal framework to implement and resolve disputes about notarized civil transactions in practice However, the law on notarized civil transactions still has some shortcomings such as: there is no legal basis to determine the ratio of 2/3 of obligations performed in civil transactions that must be notarized evidence but the parties not carry out this procedure (Clause 2, Article 129 of the Civil Code 2015); There are also conflicts between legal documents related to notarized civil transactions; The issue of compensation when notarized civil transactions are invalid has not been clearly regulated; Issues regarding authorization contracts and notarized wills still have many inappropriate points Besides, the actual establishment and implementation of notarized civil transactions raises many problems, especially related to related to notarization activities of civil transactions by notaries Based on the above reasons, the student chose the topic "Notarized civil transactions under the law of Vietnam" as the research topic for his doctoral thesis The topic will systematically study the theoretical and practical issues of notarized civil transactions from the perspective of a legal institution and the practice of notary operations in Vietnam Purpose and tasks of the study 2.1 Purpose of research topic The research purpose of the thesis is to comprehensively and systematically study the theoretical issues and legal status of notarized civil transactions Through that, the thesis aims to clarify legal issues related to notarized civil transactions The most important purpose of the thesis is to make recommendations to improve the law on notarized civil transactions 2.2 The task of researching the topic With the purposes identified above, the thesis has the following specific research tasks: First, develop the concept of notarized civil transactions At the same time, point out the characteristics of notarized civil transactions, classify notarized civil transactions; Second, specifically analyze the provisions of law on notarized civil transactions At the same time, the researcher evaluated the current state of the law on notarized civil transactions, pointing out the points that have been achieved as well as the inadequacies and problems in regulations related to notarized civil transactions ; Third, research the practice of applying the law, resolving disputes regarding notarized civil transactions thereby, drawing out common disputes, looking for causes to come up with solutions thoroughly this dispute; Fourth, based on theoretical research, analysis, and comments on the advantages and disadvantages of legal regulations and practical application, the researcher makes general and specific recommendations to improve legal regulations on notarized civil transaction Object and scope of the study 3.1 Research subjects With the topic "Notarized civil transactions under the law of Vietnam", research subjects for the thesis include: (i) Research on theories of civil transactions, forms of Civil Transactions and Notarized Civil Transactions; (ii) Research legal documents from feudal and French colonial times to the present regulating notarized civil transactions; (iii) Research scientific documents such as monographs, reference books, theses, dissertations, domestic and foreign magazine articles related to notarized civil transactions; (iv) Research practical cases and judgments related to notarized civil transactions Identifying the above research objects aims to clarify the theoretical content and legal status of notarized civil transactions Thereby, the thesis aims to perfect the law on notarized civil transactions 3.2 Research scope "Notarized civil transactions under the law of Vietnam" is a relatively broad topic, comprehensively researched from theoretical issues, legal regulations and practice Therefore, with this thesis topic, the PhD student focuses on research according to the following scopes: Scope of research content: The thesis focuses on clarifying the provisions of the current Civil Code and related legal documents on notarized civil transactions Scope of research space: The thesis researches issues of notarized civil transactions in an unlimited space but focuses mainly on the territorial space of Vietnam, especially the contents in Chapter on the current status of applying the law on notarized civil transactions Scope of research time: The thesis focuses on research over the period of time when the Notary Law 2014 and the Civil Code 2015 took effect At the same time, the thesis also researches the period of time before the Notary Law 2014 and the Civil Code 2015 took effect to compare and contrast with current regulations For the cases used in the thesis, the PhD student mainly focuses on understanding and analyzing cases that are resolved and applied according to current legal regulations Research methodology and methodology 4.1 Methodology The thesis research will be based on the dialectical materialist and historical materialist methodology of Marxism - Leninism and Ho Chi Minh's thought This is considered a guideline for orienting the specific research methods of PhD students during the process of implementing the thesis 4.2 Research Methods Based on the methodology of Marxism - Leninism, during the thesis research process, the PhD student will use the following specific research methods: Analytical methods are used to clarify current legal regulations on notarized civil transactions This method was used by the researcher in Chapter of the thesis to analyze concepts and perspectives on civil transactions, notarization and other contents This method is used in Chapter to analyze the legal provisions on notarized civil transactions In Chapter 3, this method continues to be used to analyze judgments as well as analyze recommendations to improve the law The commentary method is used by the researcher to comment on the views of the scientists cited in the thesis In particular, the commentary method is used in Chapter to comment and point out the inadequacies of the law This method is also used in Chapter to comment on judgments The comparative method aims to show the similarities and differences between notarization and authentication and registration The comparative method is mainly used by the researcher in chapters and of the thesis; Statistical method to provide data on resolved judgments related to notarized civil transactions, through which researchers can draw out common disputes to find the causes as well as provide reasonable solutions physical At the same time, this method is also used by the PhD student to compile statistics on the results of civil transaction notarization activities (table 3.1) of the thesis The historical method aims to deeply and clearly understand the regulations from the feudal period to the French colonial period and to the present to see the development of regulations on notarized civil transactions Synthetic method to generalize the current legal situation and practice of applying the law on notarized civil transactions; thereby making appropriate recommendations to improve the law on notarized civil transactions… New contributions of research on the topic The thesis on "Notarized civil transactions under the law of Vietnam" has the following new points: First, the thesis has built and at the same time inherited concepts directly related to the topic such as the concept of civil transactions, notarization, and notarized civil transactions; Second, the thesis comprehensively and deeply researches the nature and legal characteristics of notarized civil transactions; Third, the thesis analyzed and commented on the provisions of law on notarized civil transactions From there, the researcher objectively evaluates the advantages and disadvantages of specific regulations At the same time, through studying the law on notarized civil education will help us see the role and meaning of these regulations; Fourth, the limitations and inadequacies of the law on notarized civil transactions that have been discovered will be the key point for the researcher to make recommendations to improve the provisions of the law on notarized civil transactions Notarized Completing the legal provisions on notarized civil transactions first helps lawmakers have a broader, more comprehensive view of the problems being encountered with this type of transaction At the same time, law enforcement agencies will no longer be confused, conflicted or arbitrary when applying legal regulations on notarized civil transactions Scientific significance and practicality of the thesis The research results of the thesis will be an important and profound knowledge base about notarized civil transactions With a comprehensive research topic on notarized civil transactions, theoretical and legal issues will be clarified, including: building concepts and providing legal characteristics of notarized civil transactions; Analyze the current state of legal regulation for notarized civil transactions, point out the inadequacies of the law The most important scientific significance of the thesis is that it provides complete solutions for Law on civil transactions with notarization This is content that can be used as research and reference material for authorities in the process of developing and perfecting the law At the same time, the research results of the project are also a basis for competent state agencies to refer to solutions to improve the quality of notary activities in Vietnam For the PhD student himself, the research results of the project are research and teaching materials for the positions of notary, lawyer, judge, and prosecutor at the Judicial Academy, Court Academy and Procuratorial University Thesis structure In addition to the introduction, overview of the research topic, conclusion, list of references and appendices, the content of the thesis includes chapters: Chapter 1: Theoretical issues about notarized civil transactions Chapter 2: Current status of Vietnamese law on notarized civil transactions Chapter 3: Practical application and some recommendations to improve the law on notarized civil transactions OVERVIEW OF THE SUBJECT RESEARCH SITUATION Published scientific works related to the thesis 1.1 Scientific research projects in the country 1.1.1 Textbooks, monographs + Hanoi Law University (2017) "Vietnamese Civil Law Textbook Volume 1", People's Public Security Publishing House + Judicial Academy (2015) “Civil Law Textbook”, Judicial Publishing House + Judicial Academy (2016) “Course of Notary Practice Skills”, Judicial Publishing House + Dr Tuan Dao Thanh (2011), Introduction to Notary Public, Judicial Publishing House + Dr Tuan Dao Thanh (2012), "Notarized law, theoretical and practical issues", Judicial Publishing House 1.1.2 Articles published in journals, scientific conferences + Nguyen Van Cuong (2002), "Formally invalid civil transactions", People's Court magazine, No 1, pp 29-31 + Do Van Huu (2008), "Is the violation of form a basis for determining the contract to be invalid?" Legislative Research Journal No 33, pp 55-57 + Le Minh Hung (2009), "The influence of the formal factor on the contract" Journal of Legal Science No 1, pp 12-22 + Tran Thi Thu Ha (2014), "About the invalid house sale and purchase contract due to violation of formality conditions" People's Court Journal No 2, pp 1-7 + Bui Dang Hieu, “Civil transactions are absolutely and relative invalid”, thuvienphapluat.vn + Tuong Duy Luong (2007), "Discussing the formal conditions of transactions according to the provisions of the 2005 Civil Code", Law Journal No + Duong Anh Son, Le Minh Hung (2010), "The form of a document, a certified document is a valid condition of a contract", Journal of Legislative Research No 18 (179)/ Term 2… Of the above mentioned works, there is no work that specifically and specifically studies notarized civil transactions Besides some articles that discuss theoretical issues of civil transactions, there are a number of articles mentioned above that also mention the current situation and offer some solutions related to notarized civil transactions but the author's research only stops at suggestions, so the author’s research in those articles will have a certain reference value for PhD students when researching the thesis topic 1.1.3 Science Topic + Le Thi Hoang Thanh (Director) (2016), Ministerial-level scientific project: "New points of the revised Civil Code and the improvement of a number of provisions of the Civil law", the Ministry of Justice, accepted in 2016 + Do Hoang Yen (Director) (2011), Ministerial-level scientific research project: "Research on solutions to improve the efficiency of notarization and authentication of land use right transfer transactions of individuals and households"; the Ministry of Justice, acceptance in 2011 1.1.4 Theses + Doctoral thesis of law by Nguyen Van Cuong (2005) titled: "Invalid civil transactions and the settlement of legal consequences of invalid civil transactions" + Doctoral thesis of law by Le Minh Hung (2010) titled: "Validity of Contract under Vietnamese law" + Doctoral thesis of law by Nguyen Thuy Trang (2017) titled "Contract for transfer of residential land use rights under current laws of Vietnam" + The doctoral thesis of law (2000) by Dang Van Khanh titled: "Theory and practice issues in determining the scope, content of notarial acts and legal value of public documents in our current state" shortcomings of the civil law and the notary law in terms of theory and practice, what are the requirements and solutions for solving the inadequacies of notarized civil transactions? Research hypothesis: Currently, notarized civil transactions in Vietnam still have shortcomings that have not been effectively resolved Research results: Based on the analysis of studies and inadequacies, based on economic, cultural and social conditions in Vietnam and the development trend of notarized civil transactions in the the world, the author makes requirements and recommends some basic and specific solutions to contribute to solving some current inadequacies in notarized civil transactions in Vietnam Chapter THEORETICAL ISSUES ABOUT NOTARIZED CIVIL TRANSACTIONS 1.1 Some theoretical issues about notarization 1.1.1 The concept and characteristics of notarization Notarization is the certification by a notary of a notarial practice organization that the authenticity, legality, and non-contradiction of social ethics of civil transactions are made in writing at the voluntary request of an individual, organization From the above definition, the following characteristics of notarization can be drawn: notarization is an act performed by a notary; notarization content is to determine the authenticity, legitimacy, and noncontradiction of social morality of the contract or transaction; Notarized civil transactions have evidence value 1.1.2 Compare notarization and authentication, notarization and registration 1.1.2.1 Comparison between notarization and certification About the similarities between notarization and authentication: Notarization and authentication are both certification or confirmation of 11 the reality of a contract or transaction civil acts and the parties have voluntarily entered into contracts and transactions The difference between notarization and authentication: (i) In essence; (ii) the implementing agency; (iii) Persons authorized to perform; (iv) the scope of notarization and authentication of real estate-related transaction contracts; (v) responsibilities; (vi) the le gal value of notarized and authenticated documents; (vii) liability for compensation: 1.1.2.2 Comparison between notarization and registration of security interests There are some differences between these two procedures: (i) In essence; (ii) the implementing agency; (iii) Implementation cases; (iv) responsibilities; (v) the purpose 1.2 Concept and characteristics of notarized civil transactions 1.2.1 Notarized civil transaction concept In terms of types of notarized civil transactions: “Notarized civil transactions are contracts or unilateral legal acts certified by a notary of a notary practice organization as authentic, law, thereby giving rise to, changing or terminating civil rights and obligations Notarized civil transactions are made compulsory by law or voluntarily according to the will of the subject in the transaction” Approaching from the procedural aspect, "notarized civil transaction is a type of transaction that is performed notarized procedures by a notary of a notarial practice organization certifying the authenticity and legality of the transaction" Approaching from the perspective of legal relations, a notarized civil transaction is a legal relationship with all elements of the subject, object, and content of the relationship In addition, notarized civil transactions are also seen from the perspective of a legal institution From this perspective, a notarized civil transaction is a synthesis of legal regulations on the establishment, 12 performance and termination of civil transactions as well as the implementation of notarization procedures for transactions 1.2.2 Features of notarized civil transactions First, the legal value of notarized civil transactions Second, a civil transaction is notarized, the written form is expressed in the written language on paper Third, the type of language written on the notarized paper must be Vietnamese Fourth, the written word shown on the document of a notarized civil transaction can be written directly or typed on paper 1.3 Forms of notarized civil transactions According to Clause 1, Article of the 2014 Law on Notary, “Notarization is the practice by which a notary of a notarial practice organization certifies the authenticity and legitimacy of a contract or other civil transaction in writing " Even the definition of notarization has also defined the scope of notarization of written transactions This is completely appropriate because for verbal and behavioral forms, it is not possible to carry out notarization procedures according to the provisions of law 1.4 Classification of notarized civil transactions The classification of notarized civil transactions is based on the following grounds: First, based on the will of the subject in a notarized civil transaction, a notarized civil transaction includes a notarized civil transaction as a contract and a notarized civil transaction as an unilateral act Second, based on the basis of notarization, notarized civil transactions include: compulsory notarized civil transactions and voluntary notarized civil transactions Third, based on the organization performing the notarization of civil transactions, civil transactions are notarized by the notary office and civil transactions are notarized by the notary department 13 1.5 Basis for determining notarized civil transactions 1.5.1 Notarization of civil transactions is carried out on the basis of law Legislators choose which types of civil transactions need to be notarized so that they can be recorded in the law usually based on some of the following criteria: First, based on legislative practice from history to the present Second, based on the object of the civil transaction: with the following subjects, usually, legislators will prescribe the form of compulsory notarization: - Objects of civil transactions are real estate - Objects of civil transactions are properties subject to registration Third, based on the type of civil transaction For non-compensation civil transactions, usually the set form will have higher and stricter requirements than compensatory contracts As in the 2015 Civil Code, the form of gifting of real estate is stricter and stricter than that of other real estate contracts Fourth, based on the need for management and control of the state over civil transactions Fifth, based on the professional nature of the subject parties in the transaction Sixth, based on the value of the transaction 1.5.2 Notarization of civil transactions is performed based on the will of the subject in the transaction Notarized civil transactions according to the voluntary will of the transaction participants are civil transactions that are not required by law to carry out notarization procedures but the subjects participating in the transactions voluntarily follow the procedures Voluntarily notarized civil transactions not belong to the group of civil transactions subject to compulsory notarization Usually, the parties choose notarization for some transactions with the following characteristics: 14 First, the civil transaction is of great value to each party Second, civil transactions are important to each party: Third, civil transactions have a long time Chapter THE STATUS OF VIETNAM LAW ON NOTARY CIVIL TRANSACTIONS 2.1 Notarized civil transactions in the Vietnamese legal system 2.1.1 Regulations of the Civil Code on notarized civil transactions 2.1.1.1 General regulations on notarized civil transactions The Civil Code 2015 is regulating the form of civil transactions in the direction of allowing the parties involved in the transaction to agree on the choice of form, except for cases where the law stipulates the mandatory form in writing, documents notarized, authenticated or registered 2.1.1.2 Compulsory civil transactions to be notarized in the Civil Code 2015 According to the provisions of the Civil Code 2015, the following documents need to be notarized: First, the guardian selection document Second, gifting real estate: according to Clause 1, Article 459 of the 2015 Civil Code Third, a notarized written will 2.1.2 Regulations of land law on notarized civil transactions The notarization of contracts and documents with the subject of land use rights is divided into the following two groups: Group of transactions that must be notarized: (i) Contract on transfer of land use rights, land use rights and assets attached to land; (ii) Contract for donation of land use rights, land use rights and properties attached to land; (iii) Contract of mortgage of land use rights, land use rights and properties attached to land; (iv) Contract for capital contribution of land use rights, land use rights and assets attached to 15 land; (v) Transactions on inheritance of land use rights, land use rights and assets attached to land Group of voluntary notarized transactions (notarization at the choice of the subject parties): (i) Contract for lease of land use rights, land use rights and assets attached to land; (ii) Contract for sub-lease of land use rights, land use rights and assets attached to land; (iii) Contract for conversion of agricultural land use rights; (iv) Contract for the transfer of land use rights, land use rights and assets attached to land, assets attached to land in which one party or parties to the transaction is a real estate business organization 2.1.3 Regulations of the housing law on civil transactions In Article 122 of the 2014 Housing Law, there are regulations on notarization and certification of contracts and the effective time of housing contracts Like the 2013 land law, Article 122 of the 2014 housing law also uses the enumeration method to determine specifically which contracts must be notarized and which contracts are not required to be notarized, specifically: Housing contracts that are required to be notarized include: (i) House purchase and sale contract; (ii) Contract for donation of housing; (iii) Contract for capital contribution by housing; (iv) Housing mortgage contract; (v) The transfer contract of the commercial house sale and purchase contract must be notarized Housing contracts that are not required to be notarized include: (i) Donating to houses of gratitude or charity houses; (ii) Purchase, sale, lease purchase of state-owned housing; (iii) Purchase, sale, lease purchase of social housing, housing for resettlement; (iv) Contributing capital by housing with one party being an organization; (v) rental housing; (vi) housing lending; (vii) Allowing for accommodation; (viii) Authorization for housing management 2.1.4 Regulations of the law on marriage and family on notarized transactions The group of agreements that are not required to carry out notarization procedures includes (07 cases): (i) Authorization between 16 husband and wife in establishing, performing and terminating transactions (Article 24); (ii) The disposition of common property of husband and wife (Clause 2, Article 35); (iii) Agreement on one party putting common property into business (Article 36); (iv) Agreement on division of common property during the marriage period must be made in writing (Clause 2, Article 38); (v) Agreement to terminate the effect of division of common property during the marriage period (Clause 2, Article 41); (vi) Agreement to import separate property of husband and wife into common property (Clause 2, Article 46); (vii) The consent of the parents in the case of disposition of private property of minor children, adult children who have lost their civil act capacity (Clause 2, Article 77) The group of agreements required to carry out notarization procedures includes (02 cases): (i) Agreement on establishing the property regime of husband and wife (Article 47); (ii) Agreement on surrogacy for humanitarian purposes (Clause 2, Article 96) 2.1.5 Regulations of enterprise and commercial law on notarized civil transactions  Regulations of enterprise law on notarized civil transactions The provisions in the Enterprise Law 2020 can lead to the following two interpretations: The first interpretation, according to the provisions of the Enterprise Law 2020, all transactions in the Enterprise Law 2020 are not required to follow notarization procedures The second way of understanding, to know whether the transactions in the Enterprise Law 2020 must follow the notary procedure or not, it must be based on other provisions of law, for example: If the capital is a land use right, it is necessary to check the provisions of the 2013 Land Law on capital contribution with land use rights to confirm that the capital contribution contract in this case is required to comply with public procedures or not?  Regulations of commercial law on notarized civil transactions A full review of the 2015 Commercial Law also reveals that no commercial contracts are required to be notarized 17 2.2 Order and procedures for notarizing civil transactions The procedures for notarizing contracts and transactions, according to the provisions of Articles 40 and 41 of the Law on Notarization 2014, specifically include: (i) Procedures for notarization of pre-drafted transaction contracts and (ii) ) Procedures for notarization of transaction contracts are drafted by the notary at the request of the notarization requester With the provisions of Articles 40 and 41 of the Law on Notarization 2014, the notarization procedure is divided into the following stages: - Receive documents requesting notarization of contracts and transactions; - Researching notarization request documents, checking or drafting a transaction contract; - Sign notarized documents; - Completing and closing civil transaction notarization procedures 2.3 Validity of notarized transactions 2.3.1 Compulsory notarization is an effective condition of civil transactions in cases prescribed by law For cases where the law stipulates that civil transactions must be notarized but the parties fail to perform them correctly, these transactions may be invalidated due to violations of form - one of the effective conditions of civil transactions are specified in Article 117 of the 2015 Civil Code 2.3.2 Effective time of notarized civil transactions For civil transactions that must be notarized, usually the effective time of these transactions is determined according to the time of notarization of the transaction 2.3.3 Effect of notarized civil transactions According to the provisions of Clause 2, Article of the 2014 notarization law, the first legal value of a notarized document is the enforceable value “Notaized contracts and transactions are enforceable to all related parties; in case the obligor fails to perform his/her obligations, the other party has the right to request the court to settle it in 18 accordance with law, unless otherwise agreed upon by the parties to the contract or transaction” 2.3.4 Evidence value of notarized civil transactions Contracts that are notarized in writing are valid for the parties, for other people involved, are recognized as having evidentiary value and not need to be proved Contracts certified at competent state agencies also have the same legal validity 2.3.5 Notarized civil transactions are invalid First, for contracts where the law does not stipulate the mandatory form, the parties are entitled to agree to choose the form of the contract Second, in cases where the law stipulates a mandatory form of a contract, the parties must comply with that form, the land use right transfer contract, the land use right mortgage contract, and the sale and purchase contract, contract for gifting real estate etc Regarding civil transactions that require mandatory notarization but notarization is not performed, Clause 2, Article 129 of the 2015 Civil Code stipulates as follows: “Civil transactions that violate the conditions for formal validity are void, except in the following cases: … A civil transaction that has been established in writing but violates mandatory regulations on notarization and authentication and one party or parties has performed at least two-thirds of the obligations in the transaction shall be subject to the request of the court one party or parties, the Court issues a decision recognizing the validity of that transaction In this case, the parties not have to perform notarization or authentication” According to Clause 2, Article 129 of the 2015 Civil Code, a breach of contract on notarization can only be recognized when the following conditions are satisfied: (i) One of the parties or parties has performed at least 2/3 of the obligations in the transaction; 19 (ii) There is a request to recognize the valid contract of one or the parties; (iii) There is a court's decision to recognize the valid contract Under the provisions of this Article, it is conceivable that the judgment of the Court will replace the omission of notarization procedures of the contract Chapter PRACTICAL APPLICATION AND SOME RECOMMENDATIONS FOR COMPLETING LAW ON NOTARY CIVIL TRANSACTIONS 3.1 Factors affecting notarized civil transactions and results of notarization of civil transactions 3.1.1 Factors affecting notarized civil transactions • The notaries • Notarial practice organizations 3.1.2 Results of notarization of civil transactions The position and role of notary are increasingly confirmed in social life The number and nature of notarized transactions are increasing and diversifying 3.2 Practical application of the law on notarized civil transactions 3.2.1 Notarized contract disputes 3.2.1.1 Judgments declaring notarized documents invalid due to the fault of notarization requesters Case No 1: Judgment 209/2017/DS-PT dated August 30, 2017 of the High People's Court in Ho Chi Minh City on the request to declare notarized documents invalid Case No 2: Judgment 124/2017/DS-PT dated September 26, 2019 of the People's Court of Dak Lak Province on the request to declare a notarized document invalid Case No 3: Judgment 10/2018/DS-ST dated September 11, 2018 of the People's Court of Gia Lam district, Hanoi on the request to declare a notarized document invalid 20 Case No 4: Judgment No.: 150/2017/LH-PT dated September 8, 2017 of the Hanoi People's Court Regarding the dispute over the contract for the transfer of residential land use rights Case No 5: Judgment No.: 205/2019/DS-PT dated: March 20, 2019 of the People's Court of Ho Chi Minh City Regarding “Dispute over declaration of notarized documents being invalid” Case No 6: Judgment No.: 73/2018/DS-PT Date: March 30, 2018 of the People's Court of Tay Ninh Province Regarding a dispute related to the request to declare a notarized document invalid 3.2.1.2 Judgments declaring notarized documents invalid through no fault of the notary Case No 7: Judgment 37/2019/DS-PT dated October 2, 2019 of the People's Court of Quang Ngai province on the dispute over the request to declare the notarized document invalid Case No 8: Judgment 87/2019/DS-PT dated March 28, 2019 of the People's Court of Long An province on a dispute related to the request to declare a notarized document invalid Case No 9: Judgment No: 78/2019/DS – PT dated June 19, 2019 of the High People's Court in Hanoi Regarding: Request to declare the contract void and cancel the individual decision 3.2.2 Disputes over wills and other notarized documents 3.2.2.1 Disputes over notarized wills Case No 10: Judgment 183/2017/DS-PT dated December 1, 2017 of the People's Court of Vinh Long province on a dispute requesting to declare a notarized document invalid Case No 11: Judgment 33/2019/DS-ST dated July 11, 2019 of the People's Court of Long Thanh district, Dong Nai province on a dispute related to the request to declare a notarized document invalid Case No 12: Notice of learning from civil case "Request for declaration of notarized documents invalid" Case No 13: Judgment No.: 12/2019/DS-PT Date: April 25, 2019 of the People's Court of Quang Ninh Province Regarding: “Disputes related to the request to declare notarized documents invalid sign" 21 Case No 14: Judgment No.: 09/2018/DS - ST dated February 1, 2018 of the People's Court of Vung Tau City on a dispute related to the request to declare a notarized document invalid Case No 15: Judgment number: 01/2018/DS - ST, dated: August 14, 2018 of the People's Court of Tinh Gia district, Thanh Hoa province Regarding the dispute related to the request to declare a public document invalidity Case No 16: The Procuracy protested against the judgment because the written agreement on division of common property was invalid Case No 17: Judgment No 90/2018/DS-ST dated October 19, 2018 of the People's Court of Tan Bien District, Tay Ninh Province V/v "Request for declaration of notarized documents invalid" 3.2.3 Some shortcomings and limitations in notarizing civil transactions and their causes 3.2.3.1 Some shortcomings and limitations in notarizing civil transactions For notarization contracts: Violation of regulations related to notarization requesters who not have full civil act capacity; old age is no longer lucid; The subject signs the notarized document but is illiterate For inheritance documents and other documents: Many papers are forged like paper; Notarized records lack documents 3.2.3.2 Reason The current legal system related to notary activities still has some overlapping and conflicting provisions such as the civil code, land law, housing law, marriage and family law Number of notaries per day is increasing, but the professional qualifications of notaries are not equal, 3.3 Some recommendations to improve the law on notarized civil transactions 3.3.1 Completing general regulations related to notarized civil transactions First, complete Clause 2, Article 129 of the 2015 Civil Code on civil transactions that have been established in writing but violate the mandatory regulations on notarization 22 Second, eliminate the inconsistency among regulations related to notarized civil transactions Third, it is necessary to agree on the method of determining the effective time of notarized civil transactions Fourth, it is necessary to define criteria for determining civil transactions that must be notarized in the 2015 Civil Code so as to unify between documents related to determining the types of civil transactions that need to be notarized legal proof 3.3.2 Completing legal regulations on notarization of civil transactions First, expand the authority to notarize civil transactions for the People's Committee Second, about the composition of the notarization request Third, notarize the form and signature of civil transactions Fourth, about procedures and notarization of civil transactions Fifth, procedures for amending, supplementing and canceling civil transactions are notarized Sixth, compensation for damage when notarized civil transactions are invalidated 3.3.3 Completing legal regulations on some types of notarized civil transactions First, perfecting legal regulations on some civil transactions involving land use rights and houses Second, complete the legal provisions on notarized authorization contracts Third, complete the legal provisions on notarized wills Fourth, notarize the agreement on division of the estate and declare the inheritance CONCLUSION The thesis "Notarized civil transactions under the law of Vietnam" has comprehensively researched issues from theory, legal situation and practical application of law on Notarized civil transactions 23 Notarized civil transactions are unilateral contracts or legal acts whose authenticity and legality are certified by a notary public of a notary practice organization, thereby creating, changing or terminating rights, civil obligation Notarized civil transactions are carried out compulsorily by law or voluntarily according to the will of the subject in the transaction Notarization of Civil Transactions is performed on the following bases: (i) Notarization of Civil Transactions is performed on the basis of law; (ii) Notarization of civil transactions is performed based on the will of the subject in the civil transaction The law on notarized civil transactions is relatively fully and completely regulated with many recognized legal issues Regulations related to notarized civil transactions are an important legal framework for agencies and organizations to notarize actual transactions as well as resolve disputes arising related to transactions civil notarized However, the law on notarized civil transactions still has some problems and inadequacies such as: there is still a lack of consistency between legal documents related to the effective date of the law Notarized civil transactions; There is no clear regulation on liability for compensation when a notarized civil transaction is invalid; The issue of notarization of authorization contracts and wills still has many unreasonable regulations and the issue of notarization in the electronic environment also faces many confusions In addition to the inadequacies of the law, notary practice Civil transactions also arise many problems with notaries violating legal regulations on notarization Stemming from inadequacies in the law and problems in practical application related to transactions Notarized civil transactions, the thesis has made a number of recommendations to improve the law related to this content such as: completing general regulations related to notarized civil transactions; Complete regulations on notarization of civil transactions and complete some specific types of notarized civil transactions such as authorization contracts and wills 24 LIST OF RESEARCH WORKS RELATED TO THE SUBJECTS THAT HAVE BEEN PUBLISHED Lai Thi Bich Nga (2018), "Discussion on some provisions of the Notary Law 2014", Legal Profession Magazine, (5), p 81-84 Lai Thi Bich Nga - Le Thi Trang (2020), "Difficulties and problems when applying regulations in Article 118 of the 2014 Housing Law in notarizing housing transactions", Legal Profession Magazine , (9), p 14-17 Lai Thi Bich Nga (2021), "Inadequacies in the provisions of the current Housing Law on the conditions of subjects participating in housing transactions", Legal Profession Magazine, (9), p 37-40 Lai Thi Bich Nga (2022), "Revocation of inheritance rights Obstacles in notary activities", Journal of Democracy and Law, 3(360), p 49-53 Lai Thi Bich Nga (2022), "Improving the notary law on notarization procedures for contracts and transactions", Legal Profession Magazine, (Thematic issue of comments on the development of the revised Notary Law), p 60-67, 81