Proposal to establish a private notary office with 1 notary

National Assembly delegates proposed considering the establishment of private notary offices with one notary, instead of only allowing the partnership notary office model with two notaries.

On the morning of June 25, while giving comments on the revised Notary Law, delegate Nguyen Huu Thong (Binh Thuan delegation) proposed adding a type of notary office with only one notary (private enterprise type) in remote areas and areas with difficult socio-economic conditions.

Delegate Nguyen Huu Thong spoke on the morning of June 25.

GIA HAN

Delegate Thong said that in remote areas, where the level of civil and economic transactions is still low, the demand for notary services of the people is not high. Therefore, it is necessary to allow the establishment of a notary office owned by a notary. This will both contribute to promoting the policy of socializing notary activities and create favorable conditions for people in remote areas and islands to soon access notary services without having to travel far as is currently the case. According to Mr. Thong, for these places, establishing and maintaining a notary office model with two notaries is unnecessary and can cause a waste of resources. The source of revenue to ensure the maintenance of the operation of a notary practice organization with two notaries is very difficult. Similarly, delegate Pham Van Hoa (Dong Thap delegation) also proposed allowing the establishment of a notary office owned by one member following the private enterprise model. This can overcome the shortcomings in difficult localities. Mr. Hoa said that in reality, many districts do not have notary offices because the regulation requires that a notary office must have at least two notaries. "One notary is difficult, but two is even more difficult. Because the income is not high, and having to pay a salary for a notary partnership is impossible, no notary dares to establish an office in these places," Mr. Hoa said. According to delegate Hoa, in practice, a survey of some notary partnerships is only formal, renting out notary certificates. Each month, this notary only comes to the office a few times. Therefore, Mr. Hoa said that depending on actual conditions, it is necessary to allow the establishment of a single-member notary office. For urban areas, the regulation as drafted is that there must be two or more notaries to establish a notary office.

Need to consider

Deputy Director of the Ho Chi Minh City Department of Justice Nguyen Thi Hong Hanh said that it is necessary to consider allowing the re-establishment of the private notary office model established by one notary, even if it is only in remote areas or areas with difficult socio-economic conditions.

Deputy Director of Ho Chi Minh City Department of Justice Nguyen Thi Hong Hanh

GIA HAN

Ms. Nguyen Thi Hong Hanh said that since 2014, due to the difficulties of the private notary office model, the 2014 Notary Law only regulates one type of partnership notary office, which means there are two notaries. According to Ms. Hanh, private notary offices established by one notary can have contract notaries, but contract notaries cannot be legally responsible for the activities of the notary office. They are only responsible within the scope of notarized documents they sign. They also do not have the rights related to the management and operation of notary offices, so when the notary who is the head of the notary office is temporarily suspended from practicing, is criminally prosecuted, dies... there will still be problems, as happened when implementing the Notary Law in 2006. Ms. Hanh also cited that previously, Ho Chi Minh City had a notary office established by a notary in a remote district, but it was often closed for personal reasons, causing congestion in notarizing contracts and transactions, and people often reported to the Ho Chi Minh City Department of Justice. According to Ms. Hanh, the draft law currently allows localities to consider and decide on the transfer of notarization of contracts and transactions to notary organizations, so localities are completely proactive in ensuring the distribution of notary organizations or administrative agencies to certify contracts and transactions. This is also the viewpoint of the drafting agency. In the report explaining the discussion opinions at the group, the Ministry of Justice said that the regulation of notary offices in the form of a partnership (2 notaries) or a private enterprise (one notary) both have certain advantages and limitations. The choice of which type of organization for the Notary Office should be based on practical conditions. The implementation process of the 2006 Notary Law shows that the model of notary offices in the form of private enterprises does not ensure continuous, stable and sustainable operations. Therefore, when promulgating the 2014 Notary Law, the National Assembly only regulated one type of notary office in the form of a partnership. The implementation process shows that the partnership model is basically suitable for the nature of notarization as a basic public service, ensuring that notary offices operate stably and sustainably, better meeting the notarization needs of individuals and organizations. Therefore, if the establishment of notary offices in the form of private enterprises is allowed, the shortcomings of this model will be repeated as in the implementation period of the 2006 Notary Law. On the other hand, a series of existing notary offices will be converted to private enterprises, leading to the number of notary offices possibly doubling compared to the present. This potentially increases the risk of unfair competition among notary offices. Therefore, the Ministry of Justice believes that it is appropriate to continue to stipulate that notary offices be established in the form of partnerships. Regarding the proposal to allow notary offices to choose to organize in the form of private enterprises or partnerships in remote, isolated, and particularly difficult areas, the drafting agency will continue to study and evaluate during the process of revising and perfecting the draft law.

Thanhnien.vn

Source: https://thanhnien.vn/de-xuat-cho-lap-van-phong-cong-chung-tu-nhan-1-cong-chung-vien-1852406251335489.htm