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

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: 9 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


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INTRODUCTION
1. 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 5 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-


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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”.
2. 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.


3

- 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.
3. 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


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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.
4. 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 3.
- 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.
5. 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


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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
6. 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


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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.
7. 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 1
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.


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- 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 2 in Ho Chi Minh City on
September 25, 2020


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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 do 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.


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1.3.2. Issues that have not been thoroughly resolved need further research
- The concept and characteristics of liability to compensate for
damage in notarization activities have not been studied and defined
properly with the nature of notarization activities.
- Who is the subject of the obligation to compensate for damage in
notary activities? Where does the funding for damage compensation come
from, especially in the case that the party causing the damage is an officer or
employee working at the Notary Office while the notary office fee is paid to
State budget. Who has the right to claim damages in notary activities?
- What is the basis for the arising of liability to compensate for

damage in notary activities?
- What is the level of compensation for damage, the scope of
compensation, and the responsibility for reimbursement in notarization
activities?
- How is professional liability insurance in notarization activities
regulated? Are there any shortcomings that need to be amended or
supplemented?
- The applicable law deals with the issue of compensation for
damage in notarization activities among different types of notarial practice
organizations (Notary Chambers and Notary Offices).
- What are the shortcomings of the legal status and the reality of law
enforcement on liability for damage compensation in notarization activities?
- How is the orientations and solutions to perfect the law and
improve the efficiency of the implementation of the law on liability for
damage compensation in notarization activities in Vietnam in the current
period?
1.4. Some research questions, hypotheses and research theories
1.4.1. Research question, research hypothesis
Questions 1: What is the liability to compensate for damage in
notarization activities? Is it different from liability for damage in civil and
economic fields?
Hypothesis: The liability to compensate for damage in notarization
activities is the joint responsibility of the notarial practice organization and
the subjects perform notarization activities.
Question 2: What are the bases for the arising of liability to
compensate for damage in notarization activities? Who is the subject of the


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obligation to compensate for damage in notarization activities? Where does

compensation money come from?
Research hypothesis: Compensation for damage in notarization activities
needs to have all the following elements: There is damage occurring; at fault of
the person causing the damage; there is a causal relationship between the fault
and the damage occurred (the damage occurred must have a causal relationship
with the fault of the person causing the damage).
Question 3: What is the level of compensation for damage, the scope
of compensation, and liability for reimbursement in notarization activities?
Research hypothesis: The level of compensation for damage is
determined according to the actual damage that occurs and must be quantified
in money.
Question 4: What is the current state of law and enforcement of
liability for damage compensation in notary activities in Vietnam today?
Research hypothesis: The current status of the provisions of
Vietnamese law on liability to compensate for damage in notarization
activities before the 2006 Law on Notarization, which took effect earlier, is
different from the present.
Question 5: How is orientation and solutions to perfect the law and
improve the efficiency of law enforcement on liability for damage
compensation in notary activities?
Research hypothesis: Orientations and solutions to improve the law
to overcome inadequacies in the provisions of the current legal situation on
compensation for damage in notary.
1.4.2. Research theory
The research theory for the above research questions is the theory
of damages in general. That theory is compared, the study is based on the
classical theory of non-contractual liability, the view of objective liability
theory (risk theory).
Conclusion of Chapter 1
1. Liability for damages in general and liability for damage in

notary activities in particular have been studied by domestic and foreign
researchers.
2. To a certain extent, research works have mentioned the theoretical
issue of compensation for damage in notary activities. Because of many
different reasons, the views and content presented on these issues in the


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research works have not been presented in a comprehensive and unified
manner.
3. 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...
4. 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 2
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:


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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

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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 2
In chapter 2 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.


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Chapter 3
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:


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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 2 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 2 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 2 and 3 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::


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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

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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 3 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 3 of the Thesis, the thesis author has come
to some conclusions as follows:
1. 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.
2. 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.
3. 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


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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 4
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


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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


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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.


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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 4 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 2 and 3 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 1 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 2 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 2 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 3 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