National Assembly delegates offer advice on eliminating "white areas" for notary practice

On August 28, a conference of full-time National Assembly deputies gave opinions on the draft Law on Notarization (amended).

The content that received much attention from delegates was the notary office model.

Delegate Nguyen Truong Giang (Dak Nong delegation).

Speaking, delegate Nguyen Truong Giang (Dak Nong delegation) said that during the 2023 Law Committee's explanation session, when conducting field surveys in some localities, reports were made about the dissolution of State notary offices.

However, after dissolution, it was not possible to establish a notary office again. Therefore, some localities in remote districts do not have notary organizations.

"In Bac Giang province, there are two districts, Son Dong and Yen The, that currently have no notary organizations," said Mr. Giang.

One of the solutions to solve the above problem, according to delegate Giang, is to allow the establishment of a private notary practice organization following the model of one notary.

Delegate Tran Nhat Minh (Nghe An delegation).

Sharing the same perspective, delegate Tran Nhat Minh (Nghe An delegation) shared that in the locality, 6/21 mountainous districts do not have notary organizations. People in this area, when needing notarization, have to travel over 50km, the farthest, such as Ky Son district, have to travel 200km to find a notary office.

"Currently, some districts do not have notary organizations, but have not been able to establish them, while this is an indispensable public service. People in remote areas are having difficulty accessing the service," Mr. Minh reflected.

According to the delegate, eliminating the private type not only limits the freedom to choose the form of notary office but also causes difficulties in organizing activities.

Delegate Dang Bich Ngoc (Hoa Binh delegation).

Commenting on this content, delegate Dang Bich Ngoc (Hoa Binh delegation) suggested amending the above regulation to allow notary offices to be organized according to two types of business models: private enterprises or partnerships.

The delegate analyzed that, according to the provisions of Articles 177 and 188 of the Enterprise Law, both types of enterprises, partnerships and private enterprises, although having differences in the number of members who own the enterprise, have the same thing in that the enterprise owner must be responsible with all of his/her assets for all activities and obligations of the enterprise.

"Thus, in terms of business model, both types of businesses can create trust for partners and customers because of the unlimited liability regime," said delegate Ngoc.

In reality, many notary offices operate with only one notary, but still operate regularly to meet the needs of the people.

Source: https://www.baogiaothong.vn/dai-bieu-quoc-hoi-hien-ke-xoa-vung-trang-to-chuc-hanh-nghe-cong-chung-192240828180752745.htm