Delegate Hoang Ngoc Dinh, 15th National Assembly Delegation of Ha Giang province, gave comments on the draft Law on Notarization (amended)

10:27, June 18, 2024

BHG - Continuing the second phase of the 7th Session, on the afternoon of June 17, the National Assembly discussed in groups the draft Law on Notarization (amended); the draft Law on Value Added Tax (amended); the draft Resolution of the National Assembly on reducing value added tax. In group 6, delegate Hoang Ngoc Dinh, the XV National Assembly Delegation of Ha Giang province, contributed comments on a number of contents of the draft Law on Notarization (amended).

Delegate Hoang Ngoc Dinh participated in the discussion in the group. Photo: Contributor

Delegate Hoang Ngoc Dinh basically agreed with the draft Law, and at the same time suggested that the drafting committee amend Article 6 of the draft Law in the direction of: "The language and script used in notarization shall be mainly Vietnamese; at the same time, it is necessary to promote the use of the languages and scripts of ethnic minorities when requesting notarization, such as using ethnic minority language interpreters and using the languages and scripts of ethnic minorities in cases where the notary and the person requesting notarization are people of the same ethnic minority who are fluent in their own language and script" to facilitate ethnic minorities when participating in notarization and using notarized documents.

The delegate suggested that the drafting committee consider removing the provision on prohibited acts in Point e, Clause 1, Article 7, because according to the 2012 Law on Advertising: “Advertising is the use of means to introduce to the public products, goods, services…”. According to the delegate, introducing notary organizations and notaries helps organizations and individuals better understand notary activities and notary organizations, especially in areas with newly established notary organizations, facilitating the search for information about notary organizations and notaries.

Delegate Hoang Ngoc Dinh said that the provisions on compensation for damages in notarial activities in Clause 1, Article 37 of the draft Law are not comprehensive, because in the process of notarial activities, not only notaries and staff cause damage to the person requesting notarization, but also notarial organizations can cause damage to the person requesting notarization and other individuals and organizations; on the other hand, it can also cause damage to the interests of the State.

The delegate suggested that the drafting committee review the regulation at Point c, Clause 1, Article 31 on the decision to allow the establishment of a notary office to be revoked if it has not been in continuous operation for 3 months or more, which is too strict, and will create difficulties and pressure for the notary office. Clause 3, Article 55 of the draft Law on Notarization of Wills, according to the delegate, is incorrect and incomplete, and the drafting committee is requested to revise it accordingly.

Delegate Hoang Ngoc Dinh also commented on the regulations on the Rights and Obligations of Notaries; Notary Cards; regulations on Notarization Procedures in Article 39; regulations on notarization requesters, witnesses, and interpreters in Clause 3, Article 46; regulations on service prices upon request related to notarization.

Duy Tuan (synthesis)

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