National Assembly delegate of Quang Tri province Hoang Duc Thang gives opinions on draft laws

This afternoon, June 17, the National Assembly discussed in groups the draft Law on Notarization (amended); the draft Law on Value Added Tax (amended); and the draft Resolution of the National Assembly regulating the reduction of value added tax.

National Assembly Delegate Hoang Duc Thang speaks at the discussion session on the afternoon of June 17 - Photo: NTL

At the discussion session, Deputy Head of the National Assembly Delegation of Quang Tri province Hoang Duc Thang gave his opinion, specifically:

For the draft Law on Notarization (amended):

In Clause 1, Article 2: the delegate proposed to add the phrase “and other transactions” to the definition of notarization. According to the delegate, adding this phrase is to fully cover all types of notarized transactions, avoiding misunderstandings and not covering all types of transactions notarized according to mandatory procedures or according to the needs of individuals and organizations. This will help notarization become clearer and more comprehensive.

The delegate proposed to revise it as: “Notarization is the act of a notary public of a notary organization certifying the legal authenticity of civil transactions and other transactions in writing (hereinafter referred to as transactions) that must be notarized according to the provisions of law or that individuals or organizations voluntarily request notarization.”

At point e, clause 1, Article 7, delegate Hoang Duc Thang proposed to consider removing the regulation prohibiting notary organizations from advertising on mass media. The reason is that advertising helps individuals and organizations better understand notary activities and notary organizations, especially in newly established areas, remote areas. This facilitates finding information about notary organizations and notaries, contributing to reducing the workload of administrative agencies and reducing state budget expenditures.

In Clause 1, Article 8: the delegate proposed to expand the working age of notaries from 70 to 75 years old. According to the delegate, many people over 70 years old are very experienced and clear-headed, ensuring their health to continue working. The rigid regulation of “not over 70 years old” could cause a waste of social resources. Expanding this age will ensure stability and efficiency for notary activities.

Regarding Clause 3, Article 9, the delegate proposed to add legal aid workers (of legal aid centers); heads of district-level justice departments to the list of people who are entitled to a half reduction in notary training time.

According to the delegate, these subjects are those who protect the rights and interests of the parties, with a role similar to that of public lawyers; they are people who have been proven in practice. This addition will create conditions for those who have legal experience to participate in the notary field, contributing to improving the quality of notary work.

In Clause 1, Article 36, according to the delegate, the draft regulation that notaries must present their notary cards when practicing notary is not suitable for the actual situation. The delegate suggested that the regulation that notaries only need to "wear a notary card" would be more suitable for reality, helping people easily recognize and authenticate notaries and suitable for the current public administration.

In Article 42, delegate Hoang Duc Thang proposed to add Clause 3 to Article 42 with the following content: in case of objective reasons or due to reasons from the person requesting notarization, leading to failure to ensure the time limit as prescribed in Clause 2 of this Article, the person requesting notarization and the notary practice organization have the right to agree on the notarization time limit.

According to the delegate, in reality, there are many cases where notarization records are prolonged due to objective reasons or from the person requesting notarization. This regulation will help reduce administrative procedures, avoid additional procedures and ensure flexibility in the notarization process.

The delegate also proposed to study and revise Article 43 to suit the reality, allowing notarization outside the headquarters of the notary practice organization in more cases. According to the delegate, the important thing is that notarization must follow the correct procedures as prescribed by law, the notary needs to witness the signature/fingerprint of the person requesting notarization, it is not necessary to limit notarization to the headquarters. This will create favorable conditions for the person requesting notarization and the notary practice organizations, especially in special cases.

Regarding the draft Law on Value Added Tax (amended)

Delegate Hoang Duc Thang proposed amending regulations to allow businesses with tax rates of 5% and 10% to receive VAT refunds under specific conditions in Clause 1, Article 15.

Specifically, this clause is amended and supplemented as follows: “1. Business establishments paying value added tax according to the tax deduction method, if the input value added tax has not been fully deducted in the month or quarter, it can be deducted in the next period.

Business establishments that only produce goods and provide services subject to a 5% value-added tax rate and have input value-added tax of three hundred million VND or more that has not been fully deducted after 12 months or 4 quarters will be refunded value-added tax.

In case a production and business establishment produces and supplies many types of goods and services and is subject to VAT rates of both 5% and 10%, if the input VAT amount of goods and services subject to VAT rate of 5% has not been fully deducted from 300 million VND or more after 12 months or 4 quarters, VAT will be refunded. The business establishment must separately account for the input VAT amount used for the production and trading of goods and services subject to VAT rate of 5%.

For the input VAT amount used for production and business of 5% goods and services and goods and services subject to the tax rate of 10% that cannot be accounted for separately, the input VAT amount of goods and services subject to the tax rate of 5% is determined according to the ratio between the revenue of 5% goods and services and the total revenue of goods and services of the tax refund period.

Explaining the proposed amendment, the delegate said that the current regulation only allows tax refunds for businesses that only produce goods and provide services subject to a 5% tax rate, which causes inconvenience for businesses that sell goods and provide services subject to a 10% tax rate. The amendment will help reduce difficulties for businesses and at the same time encourage economic development.

Regarding the draft Resolution of the National Assembly on reducing value added tax

The National Assembly's decision to extend the Resolution on reducing VAT by 2% until December 31, 2024 received strong support from delegate Hoang Duc Thang. The delegate said that this decision of the National Assembly is very reasonable in the context that businesses and people are still facing many economic difficulties.

According to the delegate, reducing VAT by 2% is not only a financial measure but also a correct action to "ease the people's burden", helping to reduce the economic burden for both businesses and people.

Delegates analyzed that this tax reduction brings short-term benefits but has a positive impact on the long-term development goals of the economy. The 2% VAT reduction will stimulate consumption and investment, creating momentum for economic recovery after a difficult period. This is a necessary decision, contributing to promoting the sustainable development of the national economy. Hopefully, timely support policies like this will continue to be implemented to ensure that our country's economy overcomes current challenges and achieves stable development in the future.

Nguyen Ly - Thanh Tuan - Cam Nhung

Source