On the morning of June 25, the National Assembly discussed the draft Law on Notarization (amended). Delegate La Thanh Tan (Hai Phong delegation) proposed to study and add cases requiring notarization in business activities.
Enterprises play an increasingly important role in the socio-economy; however, civil transactions, agreements to form enterprises or mergers and acquisitions are not required to be notarized.
Recently, many cases of establishing, buying, selling, and merging businesses for the purpose of fraud and property appropriation have occurred.
“The Van Thinh Phat case with a series of acts of falsifying corporate records, creating fake loan documents, and hiring people to be shareholders is one of the typical examples of forging signatures in corporate charters, minutes of the board of directors, board of members, and internal corporate documents. This has been happening, leading to related cases, leaving huge consequences in the past time,” Mr. Tan stated.
Meanwhile, current regulations do not require notarization of business establishment documents. However, taking advantage of the open procedures for business establishment, many cases of business establishment, mergers, and sales are conducted for the purpose of fraud, property appropriation, and invoice trading, etc.
Therefore, the delegate said that there should be a mechanism to ensure the authenticity and legality of business establishment records. Mr. Tan proposed to add regulations on cases that must be notarized, such as business establishment records, business charters, minutes of meetings of the board of directors, shareholders' meetings, and members' councils in businesses.
Delegates affirmed that this regulation will bring many benefits, including overcoming the situation of fake signatures, reducing negativity...
Also speaking on this issue, delegate Huynh Thi Hang Nga (Tra Vinh delegation) proposed adding regulations on notarizing business charters and capital contribution agreements in establishing businesses.
According to Ms. Hang, this regulation is necessary to ensure the legality of important civil and economic transactions. “In reality, businesses operate under a contract mechanism, and the business charter is a valuable contract that affects the rights of many people…”, Ms. Nga analyzed.
However, civil commitment transactions to form enterprises, as well as mergers and changes of enterprises, are not yet required to be notarized.
The addition of regulations on certification of business charters aims to prevent the forgery of signatures in business establishment records and documents. Thereby, limiting the false declaration of charter capital, legalizing money laundering, and buying and selling of invoices through the establishment of fake businesses.
In addition, this regulation also limits the establishment of a series of "ghost companies" to do illegal business. Ms. Nga stated that when the authorities discovered that these "ghost companies" organized smuggling and trading of value-added invoices, the directors were actually motorbike taxi drivers and beef noodle sellers. Hundreds of ownerless containers were left at the ports, including many shipments of "ghost companies".
Therefore, Ms. Nga stated the necessity of mandatory notarization of business charters, business establishment records and minutes of meetings of the board of directors and shareholders' meetings to contribute to ensuring security, order and economic security.
Proposal to notarize fingerprint and iris information
Delegate Nguyen Hoang Bao Tran (Binh Duong delegation) said that currently, most notary offices only have one notary who performs both the duties of a notary and the head of the office.
According to the delegate, the reason for not being able to attract notaries to work and stay with the notary office for a long time is because there is no competition in terms of benefits, salary and bonuses. In case a notary quits, while the notary office only has one notary, it is difficult to maintain continuous operations.
Delegates proposed to add cases of temporary suspension of notary offices and plans to handle issues arising from notary office operations and resolve notarization requests during the period of temporary suspension.
In addition, the delegate also proposed to add the connection, sharing of databases and the right to exploit databases to the draft law in the direction of allowing notary organizations to connect, share and exploit databases and biometric information such as facial photos, fingerprints, and irises. This is to support accurate personal authentication, combat impersonation in notary activities but does not affect national security.
Delegate Nguyen Van Manh (Vinh Phuc delegation) also proposed to consider the regulation that notaries are connected to the population database in cases of biometrics, fingerprints, and irises that do not affect security. The delegate said that this is to identify the subject when participating in notarization transactions. When using, one must pay per exploitation, as specifically regulated by the Ministries of Finance, Public Security, and Justice.
Delegate Nguyen Van Manh also said that such regulations will facilitate, be accurate, and ensure safety for notarization activities, while not wasting social assets.
President: 'Notaries must serve the people'
President To Lam noted that there were times when everything had to be confirmed and notarized before it could be resolved, forcing people to notarize without knowing why.
Deputy Prime Minister Le Thanh Long: Proposal to allow notaries to practice until age 70
Deputy Prime Minister Le Thanh Long presented to the National Assembly the draft Law on Notarization (amended), in which it is proposed that the age of appointment and practice of notaries must not exceed 70 years old.
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