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The proposal to abolish notarization of contracts and confirmation of marital status when transacting real estate and cars is a breakthrough for the use of electronic data in civil transactions. However, lawyers are concerned that implementing too quickly could create legal gaps and believe that a roadmap is needed to avoid risks. The proposal to abolish notarization of contracts and confirmation of marital status in real estate and car transactions is a breakthrough for the use of electronic data in civil transactions. Illustrative photo Strong administrative reform step The Ministry of Public Security is collecting opinions for a draft Resolution on abolishing notarization procedures and confirmation of marital status in transactions of buying and selling, transferring land use rights, and vehicles for cases that have been digitized, cleaned, and connected to data. The goal is to reduce procedures, save time and costs for people and businesses - This is a step in line with the spirit of administrative reform and national digital transformation. Transactions adjusted according to this Resolution include: Transactions of buying and selling, transferring, donating, mortgaging, inheriting land use rights and assets attached to land; transactions of buying and selling, transferring, donating, and registering the transfer of ownership of vehicles. This means that when people carry out the above transactions, they will not need to notarize contracts, confirm marital status, or present copies of personal documents. Instead, electronic data is collected and authenticated from national databases that have legal value to replace paper documents. People do not have to submit documents that are already in the digital data system. Procedures officers are responsible for looking up the system. Electronic transaction contracts signed with a digital signature or level 2 identification account have the same legal value as a notary contract. However, people still have the right to voluntarily request notarization or authentication if they wish... Many experts evaluate this as a strong administrative reform step, helping to cut procedures, saving costs and time for people. When national data on population, land, vehicle registration, and assets are linked, the system will increase transparency and prevent falsification of records, moving towards digital government and comprehensive online public services. Lawyer Hoang Xuan Quang, Director of KCF Law Firm - City Bar Association. Hanoi. Photo: NVCCC Need to consider and be cautious with real estate transactions. However, for real estate transactions - a field with large asset value, there are many potential legal risks and require high caution. From a legal perspective, Lawyer Hoang Xuan Quang, Director of KCF Law Firm - City Bar Association. Hanoi believes that notarization is the safety control step in the civil transaction chain. Mr. Quang analyzed that notaries not only confirm signatures or the validity of documents but also check the capacity for civil acts and evaluate the voluntariness and true will of the parties. Machines can compare data but cannot understand human will, cannot recognize when a person is coerced or deceived in the process of signing a contract. That is a professional capacity, a social sense that only humans have, Mr. Quang said. This lawyer also said that, if notary is removed, it is necessary to clearly determine which agency will be responsible when a dispute or damage occurs due to data errors. Currently, the draft Resolution does not specifically stipulate this issue, causing people to fall into the situation of not knowing who to turn to when transactions are risky. Many notaries also expressed concern that digital databases, no matter how modern, cannot replace the role of notaries in checking, consulting and legal supervision. Mr. Han Van Vinh, a notary public in Phu Tho, said: In reality, we encounter many cases where the seller is borrowed documents by someone else, or is lured into signing a fake contract to hide the loan transaction. If a notary detects it promptly, the consequences will be very difficult to overcome. Computers can only read data, but cannot read people. According to Mr. Vinh, notaries not only certify but also play the role of preventive judges - consultants. tell people about the consequences legal, reminding unfavorable terms and helping parties avoid violating the law. This is a function that automatic data systems cannot undertake. Mr. Han Van Vinh, notary in Phu Tho. Photo: NVCHe also raised the question: If the contract is confirmed completely online, who will store the original, who will provide copies when prosecution agencies or people need it as evidence? Which agency is responsible if the system is attacked or data is modified?. Another point emphasized by many notaries is the responsibility for compensation. With a notarized contract, if the notary violates the process, causing damage to the parties, they are forced to compensate. Meanwhile, the responsibility mechanism of data agencies or electronic authentication platforms in case of errors is still not clearly defined. From a peoples perspective, Ms. Nguyen Minh Thu, 51 years old, living in Chu Van An ward, Hai Phong city sharesshared: I always transfer land through notarization. Because when there is a dispute, the notarized contract is evidence to protect me. If I abandon notarization and only rely on data, I am worried that when there is a problem, I will not know who is responsible. According to Ms. Thu, most people, especially in rural areas, are not familiar with the electronic transaction process. Meanwhile, signing contracts online requires a certain level of technology and legal understanding. Notaries not only do the procedures, they also explain to us our rights and obligations. Machines cannot do that, Ms. Thu said. Abolishing mandatory notarization can be a long-term goal, when the national database is truly complete, info
