The Ministry of Justice applauded HH the Amir Sheikh Tamim bin Hamad Al-Thani’s issuance of Law No. 1 of 2023 on documentation.
The ministry said in a statement, in which it highlighted the most prominent features of the provisions of the new law on documentation, that the law aims to improve documentation services to keep pace with the comprehensive renaissance witnessed by the state in various fields and to facilitate the conduct of transactions as well as citizens’ access to them electronically, in a step that is the first of its kind since the issuance of Law No. 9 of 1979.
Within the framework of updating legislation and keeping it in line with the goals of Qatar National Vision 2030, the ministry noted that the provisions of the new law, which included 37 articles, were formulated to replace the law in force for about 44 years, including comprehensive and fundamental amendments that will bring about a quantum leap in the field of services provided to the public, especially services for documentation and certification of documents and proof of their history.
These amendments are also characterized by their flexibility, as they have absorbed all aspects of development witnessed by the country and the Qatari society, the ministry added.
The ministry explained that the new law introduced the title of the ‘notary public’ for the first time, as part of a vision aimed at developing the legal cadre in the country and strengthening its position within the justice system, granting it the appropriate status, and expanding its competence.
The law fully regulated the provisions relating to the notary public. The law has stipulated that, in order to fill this position, the person carrying the title must take an oath before the minister prior to commencing their work, in order to evoke the gravity of the responsibility entrusted to them under the provisions of this law and the inadmissibility of combining their job with any other work that conflicts with the duties and responsibilities of their position.
In the context of the competence of the notary public, the law introduced a new feature, as it authorized the minister – taking into account the provisions in the agreements and treaties that regulate the work of members of the diplomatic and consular corps in the country’s embassies abroad, to entrust any of the persons other than the staff of the documentation department to carry out all or some of the tasks of the notary public.
The law specified the powers of the notary public, such as conducting documentation and verifying the identity of the concerned persons, their eligibility and the validity of their consent, and the personality and capacity of those on their behalf, according to official papers. The notary public must prove this in the document required to be documented, and ensure that the document does not violate the provisions of laws and regulations.
The notary public shall certify the signatures of the concerned parties in the customary documents, upon their request, and shall prove this in the records, and present a document of certification at the request of the concerned parties. The notary public shall also verify the date of the customary documents submitted to them for this purpose, by stamping the documents with the time and date of completion of the procedure, after proving that in the records prepared for this purpose.
The Department shall put the executive formula on the copies of the documents that have been documented, which include a commitment that has a verified existence, a specific amount, and the state of performance. The Department shall also accept and deposit the documents that have been documented before the foreign authorities, in accordance with the controls and procedures issued in a decision by the minister.
The law allows those who refuse to document their documents to complain to the minister within 15 days from the date of notification of the refusal at their national address.
The Documentation Department shall notify the concerned persons of any update of the data at their national address within 30 days of its implementation. The concerned parties may appeal against the procedure to the minister within 15 days from the date of notification, and the minister’s decision to decide on the grievance shall be final.
Within the framework of the facilities that have been created, and for the first time, the law has authorized the procedures for documenting papers, contracts, attestation, records, requests and other procedures stipulated in the law to be carried out electronically, and that copies and electronic procedures referred to have the same legal authority as original papers.
An electronic register is established in the department in which all agencies are registered, and the law obliges those concerned to register agencies issued to them before 2011 within one year from the date of enforcement of the provisions of this law.
The new law came to meet the needs of the comprehensive economic renaissance that the State of Qatar is witnessing, and the consequent social developments, as well as facilitating citizens, residents and auditors to document official documents, as it has developed solutions to the process of documenting documents for those who are unable to sign or who cannot speak or write fluently in Arabic.
The law also permits non-Arabic speakers or those who do not speak Arabic fluently, to seek the assistance of a translator accredited by the ministry, who shall sign the document with the contracting parties.
It is noteworthy that the provisions of the law were comprehensive and reinforcing to the requirements of economic development, in line with Qatar National Vision 2030, and in the provision of an integrated legal framework for the work and activities of documentation, certification of official documents and proof of the date on them.
The law defines documentation as a procedure performed by the notary public, or whoever is authorized by the minister, according to which the will of the concerned parties is recorded in an official document. The notary public is defined as the employee in charge of documentation, certification and proof of history, in accordance with the provisions of the law.
Ratification is defined as the procedure carried out by the notary public, according to which the validity of the signatures of the concerned persons affixed to any document presented to them is verified.
The law defines proof of date as the procedure carried out by the notary public, according to which the time and date of documents submitted to them by the concerned parties are established, without including the verification of their content or the validity of the signatures affixed to them.
Source: Qatar News Agency