National Assembly representative Hoang Duc Thang from Quang Tri province participated in giving opinions on draft laws.

This afternoon, June 17th, the National Assembly held group discussions on the draft Law on Notarization (amended); the draft Law on Value Added Tax (amended); and the draft Resolution of the National Assembly stipulating the reduction of value added tax.

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

During the discussion session, Deputy Head of the Quang Tri Provincial National Assembly Delegation, Hoang Duc Thang, contributed his opinion, specifically:

Regarding the draft Law on Notarization (amended):

Regarding Clause 1 of Article 2, the delegate proposed adding the phrase "and other transactions" to the definition of notarization. According to the delegate, adding this phrase aims to fully encompass all types of transactions that can be notarized, avoiding misunderstandings and ensuring comprehensive coverage of transactions notarized under mandatory procedures or at the request of individuals and organizations. This will make notarization clearer and more comprehensive.

The delegate proposed revising it to: "Notarization is the act by which a notary public of a notarization practice organization certifies the legal authenticity of civil transactions and other transactions in writing (hereinafter referred to as transactions) that, according to the law, must be notarized or that individuals or organizations voluntarily request to be notarized."

Regarding point e, clause 1, Article 7, delegate Hoang Duc Thang proposed considering the removal of the regulation prohibiting notary offices from advertising on mass media. The reason is that advertising helps individuals and organizations gain a better understanding of notary activities and notary offices, especially in newly established areas and remote regions. This facilitates access to information about notary offices and notaries, contributing to reducing the workload of administrative agencies and decreasing state budget expenditures.

Regarding Clause 1 of Article 8, a representative proposed extending the age limit for notaries from 70 to 75 years old. According to the representative, many 70-year-olds are highly experienced and mentally sharp, ensuring they have the health to continue working. The rigid regulation of "not exceeding 70 years old" could lead to a waste of social resources. Extending this age limit would ensure stability and efficiency in notary services.

Regarding Clause 3 of Article 9, the delegate proposed adding legal aid assistants (of legal aid centers) and heads of district-level justice departments to the list of those eligible for a 50% reduction in notary training time.

According to the delegates, these individuals are those who protect the rights and interests of the parties involved, a role similar to that of public lawyers; their expertise has been proven in practice. This addition will create opportunities for those with legal experience to participate in the field of notarization, contributing to improving the quality of notarization work.

Regarding Clause 1 of Article 36, the delegate argued that the draft regulation requiring notaries to present their notary cards when practicing notarization is not in line with the current situation. The delegate suggested that the regulation requiring notaries to simply "wear their notary cards" would be more practical, making it easier for citizens to identify and verify notaries, and would be consistent with the current public administration system.

Regarding Article 42, Representative Hoang Duc Thang proposed adding Clause 3 to Article 42 with the following content: In objective circumstances or due to reasons on the part of the person requesting notarization, leading to the failure to meet the time limit stipulated in Clause 2 of this Article, the person requesting notarization and the notarization organization have the right to agree on a time limit for notarization.

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

The delegates also suggested reviewing and amending Article 43 to better reflect practical realities, allowing for notarization outside the office premises of notary practices in more cases. According to the delegates, the important thing about notarization is that it must follow the correct procedures as stipulated by law, and the notary must witness the signing/fingerprinting of the person requesting notarization; it is not necessary to limit notarization to the office premises. This would facilitate the process for those requesting notarization and notary practices, especially in special cases.

Regarding the draft Law on Value Added Tax (amended)

Representative Hoang Duc Thang proposed amending the regulations to allow businesses with tax rates of 5% and 10% to receive value-added tax refunds under specific conditions as stipulated in Clause 1, Article 15.

Specifically, this clause is amended and supplemented to read as follows: “1. Business establishments paying value-added tax using the tax deduction method, if they have input value-added tax that has not been fully deducted in the month or quarter, may deduct it in the following period.

Businesses that only produce goods or provide services subject to a 5% value-added tax rate are eligible for a value-added tax refund if they have uncredited input value-added tax of 300 million VND or more after 12 months or 4 quarters.

In cases where a business produces and supplies multiple types of goods and services and is subject to both 5% and 10% VAT rates, if the amount of uncredited input VAT on goods and services subject to the 5% VAT rate is 300 million VND or more after 12 months or 4 quarters, the business is eligible for a VAT refund. The business must separately account for the input VAT used for the production and sale of goods and services subject to the 5% VAT rate.

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

Explaining this proposed amendment, the representative argued that current regulations only allow tax refunds for businesses that produce goods or provide services subject to a 5% tax rate, leading to difficulties for businesses that sell goods or provide services subject to a 10% tax rate. The amendment would alleviate difficulties for businesses while encouraging 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 Representative Hoang Duc Thang. The representative argued that this decision by the National Assembly is highly reasonable given the current economic difficulties faced by businesses and citizens.

According to the delegates, the 2% reduction in VAT is not only a financial measure but also a correct act of "easing the burden on the people," helping to reduce the economic burden on both businesses and citizens.

The 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% reduction in VAT will stimulate consumption and investment, creating momentum for economic recovery after a difficult period. This is a necessary decision, contributing to the sustainable development of the national economy. It is hoped that timely support policies like this will continue to be implemented to ensure our economy overcomes current challenges and achieves stable development in the future.

Nguyen Ly - Thanh Tuan - Cam Nhung

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