Establishing and Effectively Operating A Compensation Fund in Notarial Practice: International Experience and A Proposed Model for Vietnam
Abstract
Liability for damages arising from notarial practice not only requires compensation for injured parties but also directly concerns the legal certainty of transactions and the credibility of notarial institutions. As Vietnam continues to improve its legal framework governing notarization, it has become increasingly necessary to examine financial mechanisms to ensure the fulfillment of compensation obligations, particularly because professional liability insurance cannot cover all potential risks. Drawing on legal analysis, comparative legal research, and an institutional approach, this study examines the experiences of France, Québec (Canada), and the United States to clarify the legal foundations, funding arrangements, governance mechanisms, and conditions for compensation payments. The analysis indicates that a compensation fund should be designed as a supplementary protection mechanism, with a clear allocation of responsibilities among the fund, professional liability insurance, and the compensation obligations of notarial practice organizations. Accordingly, the study proposes a fund model based on risk-adjusted contributions, transparent governance, independent oversight, and the protection of the legitimate rights and interests of injured parties.
How to Cite This Article
Cuong Nguyen Huy (2026). Establishing and Effectively Operating A Compensation Fund in Notarial Practice: International Experience and A Proposed Model for Vietnam . International Journal of Social Science Exceptional Research (IJSSER), 5(6), 56-63. DOI: https://doi.org/10.54660/IJSSER.2026.5.6.56-63