On the morning of June 25, continuing the 7th Session of the 15th National Assembly, under the chairmanship of National Assembly Chairman Tran Thanh Man, the National Assembly discussed in the hall the draft Law on Notarization (amended).
Participating in giving comments, National Assembly Deputy Pham Thi Xuan, Secretary of the People's Court of Quan Hoa district (Thanh Hoa) agreed to comprehensively amend the 2014 Notary Law for the following reasons: The Government's submission stated that it aims to institutionalize the Party's viewpoints and policies on administrative reform and judicial reform; innovate the organization and operation of notaries; continue to concretize the 2013 Constitution; overcome difficulties, inadequacies and limitations of current laws, create a legal basis for a new step of development of notary activities according to the policy of socialization, digital transformation, improving the quality and sustainability of notary activities, and gradually developing the Vietnamese notary profession in accordance with international practices.
Regarding the rights and obligations of notaries (Article 16): Point h, Clause 2, Article 16 of the draft Law stipulates: “Join the Notary Association in the locality where you want to practice and maintain your membership throughout the process of practicing notary in that locality”. Delegate Pham Thi Xuan suggested considering the regulation that notaries joining the Notary Association in the locality is a mandatory obligation to practice notary in the locality for the following reasons: The draft Law has amended and supplemented many regulations related to the rights and obligations of notaries and notary practice organizations to enhance the responsibility of notaries, ensuring the rights of individuals and organizations involved in the process of performing notary activities.
According to the provisions of Clause 1, Article 38 of the draft law, the Notary Association is only a social-professional organization of notaries and is a self-governing organization, so the decision to join or not is the right of the association members (the right of notaries), it should not be regulated in a mandatory direction. If notaries are required to join the Notary Association, will the voluntary principle be ensured according to Clause 1, Article 3 of Decree No. 45/2010/ND-CP dated April 21, 2010 of the Government regulating the organization, operation and management of the association or not (Clause 1, Article 3 Principles of organization and operation of the association: implemented according to the principles of voluntariness; self-governance).
Delegate Pham Thi Xuan said that regulations like the draft law could lead to some cases where local associations make it difficult for notaries to join, creating inequality and affecting the rights of notaries.
In addition, it is recommended that the drafting agency clarify the relationship between the Notary Association and the notary practice organization in terms of expertise and database, especially clarifying in the event that a notary's membership is suspended or revoked during his/her practice, how will the notary's practice be carried out?
Regarding the responsibility of the provincial People's Committee (Article 72): Point c, Clause 1, Article 72 of the draft law stipulates: "Consider and decide to transfer the authority to certify transactions from the District-level Justice Department and the Commune-level People's Committee to notary practice organizations in district-level areas where notary practice organizations have been developed to meet the notarization requirements of individuals and organizations according to the Government's guidance".
Delegate Pham Thi Xuan suggested that the drafting agency carefully consider this provision because it has a direct impact on the rights and interests of people and businesses, especially people and businesses in remote, mountainous areas where travel is difficult. Currently, our country has about 10,598 commune-level administrative units and 705 district-level administrative units. Commune-level People's Committees are assigned the task of certifying documents for people. According to the draft law, in any district-level area that develops a notary organization, the certification authority will be transferred from the commune-level People's Committee to the notary organization, which means that people have to travel very far to perform notarization, causing a waste of social resources. In reality, in remote areas, commune-level areas are quite far from the district center and travel is very difficult, causing waste of time and costs for people and businesses. Therefore, Dai Beu Xuan suggests reviewing and considering this content.
Quoc Huong
Source: https://baothanhhoa.vn/dbqh-pham-thi-xuan-doan-dbqh-tinh-thanh-hoa-tham-gia-gop-y-ve-du-an-luat-cong-chung-sua-doi-217685.htm
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