The conference was organized according to the program of collecting opinions on law making in 2024 of the Provincial National Assembly Delegation and to prepare the content to participate in the 8th Session, 15th National Assembly. Deputy Head of the Provincial National Assembly Delegation Duong Van Phuoc and National Assembly Delegate Dang Thi Bao Trinh - Deputy Secretary of the Provincial Youth Union chaired the conference.
What is the solution for the notary office model?
The Draft Law on Notarization (amended) consists of 10 chapters and 79 articles, built on the basis of maintaining 9 articles, amending 61 articles, reducing 11 articles and adding 9 new articles out of a total of 81 articles of the 2014 Law on Notarization.
Giving comments at the conference, delegates agreed on the need to issue the draft law, and also contributed comments on many related contents. Many opinions were interested in Article 20 of the draft law, which stipulates an additional option 2 on "Notary offices are organized and operated in the form of partnerships and private enterprises".
Currently, there are many opinions surrounding the model of notary offices. Accordingly, the first opinion suggests continuing to inherit the current Notary Law, which stipulates that the organizational model of notary offices is a partnership company.
The second opinion proposes to add to the draft law the type of notary practice organization that is a private enterprise.
Commenting on this content, Mr. Nguyen Van Hai - Head of Hoi An Notary Office suggested unifying only one type of notary office, which is a partnership company, because it is stable and has strict regulations.
Mr. Dang Van Dao - Director of the Department of Justice of Quang Nam said that currently, notary offices are established almost exclusively in the plains, while the mountainous areas have no notary offices because the revenue is not enough to cover expenses.
[Video] - Mr. Dang Van Dao - Director of the Department of Justice commented on the notary office model:
Therefore, during the drafting process, lawmakers wanted to design in difficult areas to allow the establishment of a single-member notary office. But currently, between the two streams of opinion, including the Ministry of Justice and the delegates, most tend to favor partnerships.
However, according to Mr. Dao, when giving comments on the draft law, the Department chose option 2, because in the long run, the law must take into account difficult areas.
Concerns about the age regulations for practicing as a notary
To improve the quality of notarization, the draft law adds regulations on the age of appointment and practice of notaries to no more than 70 years old.
According to some opinions, elderly notaries have a lot of knowledge, experience and skills in practicing notary. Therefore, the draft law limiting the age of notary practice to 70 years old will cause a waste of social resources. Accordingly, there should be no limit on the age of notary practice but only regulations on health conditions...
[Video] - Mr. Nguyen Van Hai gives his opinion on the age of notary practice:
Mr. Le Dao - Chairman of the Provincial Notary Association, Head of Le Dao Notary Office, said that the regulation on the age of practice not exceeding 70 years old is not sufficient. Agreeing, Mr. Nguyen Van Hai - Head of Hoi An Notary Office said that the age of practice for notaries should not be regulated, but only the age of appointment should be regulated.
At the conference, delegates were interested in giving comments on the contents of the notary database and the policy of implementing electronic notarization. They said that electronic notarization is a trend, the law can be included but a roadmap is needed for implementation, because currently Vietnam does not ensure infrastructure, technology, data, people...
Concluding the conference, Deputy Head of the Provincial National Assembly Delegation Duong Van Phuoc acknowledged and highly appreciated the opinions of the delegates. The Office of the National Assembly Delegation will synthesize a report of comments and send it to the National Assembly Standing Committee for consideration and completion of the draft Law on Notarization (amended).
Source: https://baoquangnam.vn/gop-y-luat-cong-chung-sua-doi-co-nen-giu-nguyen-mo-hinh-cong-ty-hop-danh-3141739.html
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